In North Carolina, child support orders account for the incomes of both parents. When one parent receives a promotion that significantly increases income, the other parent may wonder if this change allows for a child support modification.
The answer depends on whether the promotion results in what the court considers a “substantial change in circumstances”.
What constitutes a substantial change in circumstances?
North Carolina child custody law allows either parent to request a child support modification if there is a substantial change in financial circumstances. A promotion that comes with a higher salary may qualify, especially if it causes a major shift in the income balance between the two parents. The court will consider how much the income changed, whether that increase affects the needs of the child and whether the current support amount still meets the guidelines.
To seek a modification, you must show that the change in income is ongoing and not temporary. A one-time bonus or short-term raise usually does not meet the standard. However, a permanent pay increase or a job promotion that significantly raises monthly income could support a request to adjust child support.
How do the courts decide if they should accept the modification?
North Carolina courts use official child support guidelines to determine the correct amount. If the existing support order is at least three years old and the new calculation would differ by 15 percent or more, the court may presume that a modification is appropriate. This rule helps ensure that the child support amount continues to reflect the current financial situations of both parents.
While a co-parent’s promotion can lead to a child support modification in North Carolina, but the change must be substantial and permanent. The court will always base its decision on fairness between parents and the needs of the child.