Matthews NC Child Support Modification Attorney

Child support isn’t a one-time decision — it’s an evolving responsibility meant to meet the best interests of your child as life changes. Whether you’re paying or receiving support, sometimes the original child support order no longer reflects your current reality. That’s where child support modification comes in.

In North Carolina, either parent can request a change to an existing child support order when there’s been a substantial change in circumstances. This isn’t about one parent “getting out of” payments — it’s about ensuring that the support is fair, reasonable, and aligned with your child’s needs and each parent’s financial situation.

Understanding Child Support Modifications Under North Carolina Law

Modifying child support isn’t automatic — and it isn’t taken lightly by the courts. In North Carolina, all requests for a change to an existing child support order must follow the guidelines laid out in N.C. Gen. Stat. § 50-13.7. This statute allows either parent to request a modification if there has been a substantial change in circumstances since the last order was entered.

What Qualifies as a “Substantial Change in Circumstances”?

The most common basis for modifying a child support order is a meaningful change in one or both parents’ financial or living situations. Courts may consider a change “substantial” if it includes:

• A significant loss of income (involuntary job loss, illness, disability)
• A change in custody or parenting time
• A parent’s remarriage or added dependents
• New expenses related to the child’s education, healthcare, or special needs
• A notable increase in one parent’s income or resources

What the court won’t accept? Minor inconveniences, voluntary job loss, or vague claims. That’s why it’s important to work with a knowledgeable attorney who can clearly document and present your case to the judge.

Modifying Support Upward or Downward

Child support can be increased or decreased, depending on the circumstances. For example:

• If the paying parent is making significantly more money, the receiving parent may request an increase to match the child’s current needs and standard of living.
• If the paying parent’s income has declined due to no fault of their own, they may seek a reduction to avoid falling into arrears.

Either way, the court’s guiding principle remains the same: what serves the best interests of the child.

The 3-Year / 15% Rule

Even without a major life event, parents may petition to modify support if:

• At least three years have passed since the existing order, and
• There is a difference of 15% or more between the current order and the amount that would be due under today’s guidelines.

This is known as the “3-year rule”, and it serves as a benchmark for periodic review of child support orders — especially in cases where income has steadily changed over time.

At The Goodman Law Firm, we evaluate each case based on these criteria and provide straightforward legal advice on whether a modification is likely to succeed in court. We don’t waste your time — or your resources — if the numbers simply don’t justify a change.

The Legal Process for Modifying Child Support in North Carolina

If you're considering changing your child support order, knowing what to expect can make all the difference. In North Carolina, child support modifications must go through the same court that issued the original order, and the process requires careful preparation, proper legal filing, and — in some cases — courtroom advocacy.

Filing a Motion to Modify

To begin the process, you (or your attorney) must file a Motion to Modify Child Support in the same county where your original support order was entered — typically Union or Mecklenburg County for families in Matthews, NC.

This motion should clearly explain what has changed since the order was entered and why the existing support amount is no longer appropriate. If you already have a custody order, a copy should be included as part of your filing.

Gathering and Presenting Evidence

To succeed in your modification request, you’ll need solid documentation that supports your claim. This can include:

• Pay stubs, W-2s, or tax returns showing income changes
• Termination letters or documentation of job loss
• Medical or educational expenses for the child
• New custody schedules or signed parenting agreements
• Proof of changes in daycare or insurance costs

The more specific and organized your evidence is, the stronger your case will be in front of the judge.

Mediation Requirements

In some counties — including Mecklenburg — parties may be required to attend mediation before a hearing is scheduled. This gives both sides the opportunity to come to an agreement outside of court.

Mediation can save time, legal fees, and emotional stress — especially when both parents are open to a resolution. We can help you prepare for and navigate this step if it applies to your case.

Temporary Orders (When Necessary)

If your circumstances are urgent — for example, you’ve lost your job and can’t afford to make current payments — the court may issue a temporary order while your full modification case is pending. This can help prevent arrears or enforcement actions while the issue is being resolved.

However, temporary orders are not guaranteed. You must formally request them and show that immediate relief is necessary.

What to Expect in Court

If your case isn’t resolved in mediation, you’ll appear in front of a judge for a hearing. Both parties will present their evidence, and the judge will determine whether a modification is justified based on the facts and North Carolina’s child support guidelines.

This is where having an experienced child support attorney matters most. The Goodman Law Firm presents your case with clarity, confidence, and compassion — helping the court see the full picture, not just the paperwork.

When the Other Parent Refuses to Cooperate: Protecting Your Rights and Your Child

Unfortunately, not every parent plays fair when it comes to child support modifications. Whether it’s refusing to provide financial information, deliberately ignoring court orders, or trying to intimidate the other party into giving up, this kind of resistance can derail an already stressful process.

Refusal to Comply or Attempts to Obstruct

If the other parent won’t respond to your motion, refuses to turn over required documentation, or simply ignores requests to update child support based on changed circumstances, they may be in violation of court rules or orders.

North Carolina courts expect both parties to act in good faith — especially when the well-being of a child is involved. When one side refuses to participate, they risk sanctions, penalties, and a court order that may not work in their favor.

When Enforcement or Contempt Becomes Necessary

If your child’s other parent is not paying court-ordered support, failing to comply with an agreed-upon modification, or violating court procedures, you may need to file a motion for enforcement or contempt.

This legal action can result in:

• Wage garnishment
• Seizure of tax refunds
• Suspension of driver’s or professional licenses
• Fines or even jail time in serious cases

At The Goodman Law Firm, we help clients pursue enforcement carefully and effectively, with a strong focus on documentation and court compliance.

Avoiding Escalation or Retaliation

Emotions often run high in family law cases, but retaliatory actions — such as withholding visitation, badmouthing the other parent, or making threats — can hurt both your case and your child.

We coach our clients on how to stay focused on the facts, keep communication professional, and build a case that shows responsibility and composure.

Putting Your Child’s Needs First — Always

Whether you’re requesting a modification or trying to enforce one, the court’s top priority is always the best interest of the child. That’s our priority, too.

The Goodman Law combines strong legal advocacy with a steady, compassionate hand. She helps you stand your ground without losing sight of what matters most — your child’s stability, support, and future.

Let’s Talk About What’s Changed — And How to Move Forward

If your financial situation, parenting schedule, or your child’s needs have changed, it may be time to update your child support order. The sooner you take action, the sooner you can protect your rights — and ensure your child receives the support they deserve.

At The Goodman Law Firm, you’ll find more than legal answers. You’ll find a compassionate advocate who understands what you’re going through and won’t let you face it alone.

📞 Call today at (704) 502-6773

🖥️ Or schedule your consultation online at www.goodmanlawnc.com

We serve families in Matthews, Charlotte, Union County, and across the greater Mecklenburg area. Wherever you’re starting from, we’re here to help you take the next right step — with honesty, empathy, and unwavering support.

‍