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What constitutes a significant change of circumstances? As highlighted by Chief Justice Evatt, change alone will not be enough for the Court to accept an Application to change final Orders. The change needs to be significant enough to warrant a variation to protect the best interests of the child.
In North Carolina, the only way to legally alter a child support order is to petition the court for a modification of child support.
A change in circumstances at least 3 years after the last support order or review will warrant modification when at least a 15% difference (upwards or downwards) exists between the amount of the current obligation and the amount the party would owe if the obligation were calculated using their current income.
Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.
In North Carolina, the only way to legally alter a child support order is to petition the court for a modification of child support.
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A Show Cause Order is a directive to appear in Court and prove why one should not be held in either civil or criminal contempt of Court. The most frequent reason for the issuance of a Show Cause Order involves allegations of failure to comply with a Court Order.
Just bear in mind that if the child custody is a part of a court order the parent seeking for it, needs to file a motion for modification of the custody order. If both the parties agree on the modification, they can submit it to the judge for approval. This is known as a consent order which is often the best approach.
If child custody is part of a court order, the parent seeking modification needs to file a motion to modify the custody order with the court. The parents can, of course, agree on a modification and submit it to the judge for approval. This is commonly referred to as a consent order and is often the best approach.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion \u201cfiled,\u201d place the original in the Court file and return two (2) copies of the \u201cfiled\u201d document to you.
How to Win a Child Support Modification Case 1 Take advantage of the rights you already have. 2 Reach out to your ex-partner if you think they'll be amicable. 3 Solicit free legal help if you can't hire an attorney. 4 Do it on your own only if you can't get help. 5 Determine what has changed to justify a modification.

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