Cary Child Support Modification Lawyer

Wake County Child Support Modification Attorney

Even when parents are no longer living in the same household, whether they are divorced or were never married, they are still obliged to pay for the care of their children. Under North Carolina’s support guidelines, parents must make reasonable payments to meet the needs of their children’s health, education, and maintenance.

In most custody situations, the non-custodial parent will make payments to the custodial parent. Those payment amounts can be determined during the divorce or when the original support order is signed. However, these agreements are not permanent. Sometimes life changes, and an order must be updated to cover the differences. You might need to lower the amount of child support you pay, or you may help getting your ex to pay more to care for your children. In either situation, a Cary child support lawyer can help you get the right level of child support.

Call us today at (919) 661-4970 or use our online contact form to connect with an experienced family law attorney near Raleigh, North Carolina.

Why Would You Need to Change Your Child Support Order?

Life doesn’t stay the same after a divorce or custody order is entered. Jobs change, incomes fluctuate, children grow, and their needs evolve. North Carolina courts allow parents to request a modification to their child support order if there’s been a substantial change in circumstances that makes the current arrangement unfair or inadequate.

You may need to modify child support if:

• You or your child’s other parent lost a job or had a significant change in income.
• Your child’s medical, educational, or childcare expenses have increased.
• There’s been a change in your child custody arrangement or visitation schedule.
• Your child no longer lives with the parent receiving support.
• One of your children has aged out of support but others still qualify.
• It’s been at least three years since the original order and the difference between the current amount and the new calculation is at least 15%.

Whether you’re asking the court to raise or lower the current amount, you’ll need to show clear evidence that your situation has changed significantly and that the new support amount better reflects your child’s needs.

How the Court Evaluates Child Support Modifications in NC

To decide whether a modification is appropriate, the court uses the North Carolina Child Support Guidelines. These guidelines rely on worksheets that factor in both parents’ gross monthly incomes, the number of children, custody arrangement, and the cost of things like health insurance, daycare, and education.

• Worksheet A is used when one parent has primary custody.
• Worksheet B applies when both parents share custody (each has at least 123 overnights per year).
• Worksheet C is used when there are multiple children and each parent has primary custody of at least one child.

If updating your financial information on the appropriate worksheet shows that the amount of support would change by 15% or more, the court may treat that as evidence of a substantial change — especially if it’s been more than three years since the current order was entered.

What Counts as a Substantial Change in Circumstances?

Every family is different, but the court generally looks for major, ongoing changes that directly affect your ability to provide support or your child’s financial needs. Examples of substantial changes include:

• Involuntary job loss or reduced hours
• Long-term illness, disability, or injury
• Increase in the paying parent’s income
• New financial responsibilities (like another child)
• Changes in custody or visitation
• Major increases in daycare, healthcare, or education costs
• One child aging out of support while others remain dependent

On the other hand, voluntarily quitting your job or taking a lower-paying position may not be enough to justify a decrease — unless you can also show your child’s needs have changed and that your decision wasn’t made in bad faith.

Attorney Jonathan Breeden explains how to update child support payments in North Carolina.

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How to Request a Child Support Modification in Wake County

To formally request a change to child support, you’ll need to file a Motion for Modification of Child Support with the same court that issued the original order. This motion must explain what has changed and why the current support amount is no longer appropriate.

After you file, the court will schedule a hearing. In most cases, both parents will need to present updated financial information and any documentation that supports their position, such as pay stubs, tax returns, proof of daycare or medical expenses, or evidence of custody changes.

During the hearing, the judge will consider:

• Whether a substantial change has occurred
• Whether the new amount would serve the best interests of the child
• Whether the requesting party has come to court in good faith

If the judge agrees that modification is warranted, a new order will be issued and take effect going forward.

Do Child Support Obligations Ever End Automatically?

Child support in North Carolina usually ends when your child turns 18 or graduates from high school, whichever occurs later. However, if your child is still in school at 18, support continues until they graduate, stop attending, or turn 20 — whichever comes first.

If you have more than one child on the same order, the obligation does not automatically decrease when one child ages out. You must file for a modification to have the amount recalculated based on the remaining children.

Why Work with a Cary Child Support Lawyer?

Even if you and the other parent agree that a change is needed, the court won’t approve a modification unless legal requirements are met. And if the other parent challenges your request, the process can quickly become complicated and stressful.

At the Breeden Law Office, we’ve helped parents across Wake County navigate the child support system for more than 25 years. We can help you:

• Determine if your situation qualifies as a substantial change
• Properly complete the required worksheets and forms
• Gather the financial documentation you need to make your case
• Advocate for a support order that reflects your child’s best interests

We know how important it is to protect your child’s wellbeing — and your own financial stability — when your circumstances change.