How to Modify Child Support in North Carolina: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify North Carolina child support, file a written motion in the cause before the payments come due; past-due payments are vested and cannot be reduced unless the motion was filed first.

How do you modify child support in North Carolina?

1. Run the guideline amount in the North Carolina child support calculator and test it in the modification calculator.
2. File a written motion in the cause with the court that has your order (G.S. 50-13.7(a)), and give notice to the other party.
3. File before the payment is due if you can: a vested past-due payment can be changed only if the motion was filed first (50-13.10(a)).
4. Show a substantial change, using the 15% presumption if the order is three years old.
5. Keep paying the existing order until the court changes it.

What if I could not file earlier in North Carolina?

A vested past-due payment may be divested if a written motion is filed and due notice given promptly after the moving party is no longer precluded by physical disability, mental incapacity, indigency, misrepresentation of another party or another compelling reason (50-13.10(a)(2)). Document the reason.

Who handles my North Carolina case if the state enforces it?

In a IV-D case, the child support enforcement agency has sole responsibility for monitoring compliance and starting enforcement, and its payment records are admissible evidence (G.S. 50-13.9(b1)). You still file your own motion to modify.

Do I need to keep the North Carolina agency informed?

In a IV-D case the parties must inform the agency of any change of address or other condition that may affect the order, and the court may provide that failing to do so is civil contempt (50-13.9(c)). Keep your address current.

What if I am a father who is not the biological father?

Notwithstanding Rule 60, a father required to pay under an order subject to modification can file a verified motion for relief within one year of the date he knew or should have known he was not the father; the court can order genetic testing at his cost (50-13.13).

Does the other parent have to be served?

Yes, with a written motion and due notice to all parties (50-13.10(a)). Keep proof of service so the notice date is clear.

Can the other parent keep asking for more later?

Yes. Either parent can move to modify at any time on changed circumstances (G.S. 50-13.7(a)), so keep your income documents current.

Can both parents agree on a different amount?

Parents can agree and ask the court to approve a new amount, but a court-approved agreement is still modifiable on changed circumstances unless it says otherwise. Ask a licensed North Carolina attorney how to word it.

How much does a late motion cost? An example

If you file 3, 6 or 9 months after your change, the relief you may lose at a $300 monthly difference is:

What happens to unpaid support while the motion is pending?

It stays owed. See whether North Carolina arrears can be changed and add up your balance.

Frequently asked questions

Official sources

• G.S. 50-13.7: modification of support
• G.S. 50-13.10: past due support vested
• G.S. 50-13.4: action for support of minor child
• Wiggs v. Wiggs, 128 N.C. App. 512: the 15% presumption
• 122 N.C. App. 702: the 15% presumption and guidelines history
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• G.S. 50-13.9: procedure to insure payment
• G.S. 50-13.13: relief based on nonpaternity

This is general information, not legal advice. It is based on the cited North Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Carolina attorney.