North Carolina Post-Divorce Modifications Lawyer

If you’ve experienced a significant change in your circumstances-either personal or financial, you may want to consider modifying your divorce agreements. Luckily, North Carolina does allow some post-divorce modifications, for some of the following reasons:

• Parental relocation to another county, state, or country
• Job loss
• Remarriage
• Significant increase or decrease in income
• Changes in a child’s needs

Child Support Modifications

Additionally, an existing child support order may be modified, with court approval, if there is enough evidence that justifies the change. The following are examples of justifying circumstances:

• It has been 3 years since the current child support order was implemented, and the proposed change would alter the amount by at least 15%.
• The child’s educational and/or medical needs have changed.
• There has been a significant and involuntary decrease in the paying parent’s income.
• There has been a change in the physical child custody agreement.

Alimony Modifications

When one spouse is ordered to pay alimony to another spouse for a certain period of time after a divorce, it can be challenging to try to modify this amount. The party wishing to modify the alimony order must show a “substantial change of circumstances” that would justify altering the alimony arrangement. If the change in circumstances is proven and the modification granted, it would be implemented retroactively to the date that the modification was requested.

It’s important to note that, even with evidence of changes in circumstances, modification of a post-divorce order will still have to be approved by a judge.

Either party may file for alimony, but a judge will only grant it if one party is considered to be a dependent party, one party is considered a supporting party, and the alimony is award is determined to be a fair amount when all determining factors (as found in General Statute §50-16.3A) are met.

The judge will also exercise the right to determine the sum of alimony, as well as how the supporting party will pay it. He or she will also set the duration of alimony and may decide to grant alimony indefinitely or for a certain time period depending on various facts.

Custody and support of a minor child is decided based upon the best interests of the child. Often a Court-appointed mediator will work with the parents to make important decisions concerning the child’s well-being. 

The judge will allow child support and alimony amounts to be modified post-divorce. The party wishing to modify the amount must file a motion with the Court and show the change in circumstances of either party that has prompted the motion to modify.

The Court will terminate alimony orders if the party receiving alimony gets remarried or moves in with a person with whom he or she becomes romantically involved, the payor passes away, or the receiving spouse’s financial situation has changed to the point that alimony no longer meets his or her reasonable needs.