PETITION (MOTION IN THE CAUSE) FOR MODIFICATION OF CHILD SUPPORT
State of North Carolina – District Court Division
[// GUIDANCE: This template is drafted for use in North Carolina District Court family-law matters. Replace all bracketed placeholders before filing. Verify county-specific local rules (e.g., calendaring and notice requirements) prior to submission.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Grounds & Relief Requested)
- Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies (Enforcement Mechanisms)
- Risk Allocation & Liability Parameters
- Dispute Resolution & Jurisdiction
- General Provisions
- Verification & Execution Block
1. DOCUMENT HEADER
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
STATE OF NORTH CAROLINA
COUNTY OF [COUNTY]
File No.: [XX-CV-[####]]
[PETITIONER/PLAINTIFF’S FULL LEGAL NAME],
Petitioner/Plaintiff
v.
[RESPONDENT/DEFENDANT’S FULL LEGAL NAME],
Respondent/Defendant
PETITION (MOTION IN THE CAUSE) FOR MODIFICATION OF CHILD SUPPORT
Pursuant to N.C. Gen. Stat. § 50-13.7 and the North Carolina Child Support Guidelines
Effective Date Requested: Upon entry of subsequent order or [DATE], whichever occurs first.
2. DEFINITIONS
For purposes of this Petition—
2.1 “Existing Order” means the child support order entered on [DATE] in the above-captioned matter.
2.2 “Guidelines” means the North Carolina Child Support Guidelines promulgated by the Conference of Chief District Court Judges, as amended through the date of hearing.
2.3 “Minor Child(ren)” means the following child(ren) born of the parties:
(a) [Name], DOB [MM/DD/YYYY];
(b) [Name], DOB [MM/DD/YYYY]; etc.
2.4 “Obligor” means the parent presently ordered to pay child support (currently [PETITIONER] / [RESPONDENT]).
2.5 “Obligee” means the parent presently receiving child support (currently [PETITIONER] / [RESPONDENT]).
2.6 “Substantial Change in Circumstances” has the meaning set forth in N.C. Gen. Stat. § 50-13.7(a) and, for guideline purposes, includes (i) the passage of three (3) years since entry of the Existing Order and a deviation of fifteen percent (15 %) or more between the existing support amount and the amount calculated under the current Guidelines.
3. OPERATIVE PROVISIONS (GROUNDS & RELIEF REQUESTED)
3.1 Jurisdiction & Venue. The Court has continuing, exclusive jurisdiction under N.C. Gen. Stat. § 50-13.7. Venue in [COUNTY] County is proper because the Minor Child(ren) reside(s) here and the Existing Order was entered here.
3.2 Grounds for Modification. Petitioner alleges a Substantial Change in Circumstances as follows:
(a) Income Variation. Since entry of the Existing Order, the gross monthly income of the Obligor has [increased/decreased] from $[OLD AMT] to $[NEW AMT], representing a change of [__] %.
(b) Child-Related Expenses. Work-related child-care costs have [increased/decreased] from $[OLD AMT] to $[NEW AMT].
(c) Insurance & Extraordinary Expenses. Health insurance premiums attributable to the Minor Child(ren) have [increased/decreased] to $[NEW AMT] per month, and extraordinary expenses of $[AMT] per month are now incurred for [description].
(d) Passage of Time. More than three (3) years have elapsed since entry of the Existing Order, and recalculation under the current Guidelines yields a variance exceeding fifteen percent (15 %).
3.3 Relief Requested. Petitioner respectfully requests that the Court:
(i) Determine the parties’ current incomes and allowable adjustments under the Guidelines;
(ii) Enter a Modified Child Support Order requiring the Obligor to pay $[CALCULATED AMT] per month, consistent with Worksheet [A/B/C];
(iii) Order immediate wage withholding pursuant to 42 U.S.C. § 666 and N.C. Gen. Stat. § 110-136.3;
(iv) Allocate responsibility for health insurance premiums and uninsured medical/dental costs as the Court deems just;
(v) Award credit or set-off for any overpayments/arrears as of the effective date of the Modified Order; and
(vi) Grant such further relief as the Court deems equitable.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information. Each party represents that all income statements, affidavits, and supporting documentation provided in connection with this Petition shall be true, complete, and correct to the best of that party’s knowledge and belief.
4.2 Disclosure Obligation. The parties acknowledge a continuing duty to supplement financial disclosures through the date of hearing.
4.3 No Other Proceedings. The undersigned represents that no other action involving the support of the Minor Child(ren) is currently pending in any jurisdiction, except as disclosed herein.
[// GUIDANCE: Attach AOC-CV-609 (“Child Support Affidavit”) or county-specific equivalent as an exhibit.]
5. COVENANTS & CONTINUING OBLIGATIONS
5.1 Exchange of Documentation. Not later than ten (10) days prior to the scheduled hearing, each party shall serve (i) the most recent three (3) pay stubs, (ii) the last two (2) years of federal and state tax returns, and (iii) proof of child-care, insurance, and extraordinary expenses.
5.2 Mediation Compliance. If the county’s local rules mandate Child Custody and Support Mediation, the parties covenant to attend and participate in good faith, unless waived by the Court.
5.3 Ongoing Notice. Each party shall promptly notify the other and the Court of any material income change (±15 %) or employment change within thirty (30) days of occurrence.
6. DEFAULT & REMEDIES (ENFORCEMENT MECHANISMS)
6.1 Events of Default. Failure of the Obligor to make any payment in full and on time constitutes default.
6.2 Remedies. Upon default, the following remedies shall be available, cumulatively and without waiver of others:
(a) Income withholding and wage garnishment;
(b) Entry of judgment for arrears plus interest at the legal rate;
(c) Contempt proceedings, including incarceration until compliance;
(d) Interception of state and federal tax refunds;
(e) Liens against real and personal property pursuant to N.C. Gen. Stat. § 44-86 et seq.
6.3 Attorney’s Fees & Costs. The Court is requested to award reasonable attorney’s fees and costs to the prevailing party under N.C. Gen. Stat. § 50-13.6.
7. RISK ALLOCATION & LIABILITY PARAMETERS
7.1 Liability Cap. The Obligor’s monetary obligation is limited to the child-support amount calculated under the Guidelines (currently $[AMT] per month) plus any court-ordered add-ons (medical, child-care, extraordinary expenses).
7.2 No Indemnification. Consistent with family-law public policy, no party shall indemnify the other for child-support obligations.
7.3 Force Majeure. Temporary inability to pay due to circumstances beyond the Obligor’s reasonable control (e.g., verified catastrophic illness) shall not automatically suspend the obligation; the Obligor must seek judicial modification or abatement.
8. DISPUTE RESOLUTION & JURISDICTION
8.1 Governing Law. This matter is governed exclusively by the laws of the State of North Carolina, including N.C. Gen. Stat. §§ 50-13.4 and 50-13.7, and by the federal IV-D statutory scheme where applicable.
8.2 Forum Selection. The North Carolina District Court for [COUNTY] County shall retain continuing, exclusive jurisdiction.
8.3 Arbitration & Jury Trial. Arbitration is not available, and jury trial is not permitted in child-support proceedings.
8.4 Injunctive Relief. Wage withholding and other enforcement remedies shall remain available notwithstanding any other provision.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Any amendment to the relief requested herein must be in writing, served, and filed with the Court; oral waivers are ineffective.
9.2 Severability. If any provision of the Modified Child Support Order is found invalid, the remaining provisions shall remain in full force to the extent practicable.
9.3 Integration. Upon entry, the Modified Child Support Order will supersede and replace all prior child-support provisions between the parties.
9.4 Service. Petitioner shall serve this Petition in accordance with Rule 5 of the North Carolina Rules of Civil Procedure (or Rule 4 if initiating service on an out-of-state respondent).
9.5 Electronic Signatures. Facsimile, scanned, or verified electronic signatures shall be deemed originals for filing and enforcement purposes, subject to any local e-filing rules.
10. VERIFICATION & EXECUTION BLOCK
[PETITIONER’S NAME] – Petitioner
Signature: ____
Date: ______
[RESPONDENT’S NAME] – Respondent (if joining or consenting)
Signature: ____
Date: ______
VERIFICATION
STATE OF NORTH CAROLINA
COUNTY OF [_]
I, [PETITIONER], being duly sworn, depose and say that I am the Petitioner in the foregoing Petition; that I have read the same and know the contents thereof; and that the matters and things set forth therein are true to my knowledge, except as to those matters stated on information and belief, and as to those I believe them to be true.
[PETITIONER]
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Attach Notary acknowledgment per N.C. Gen. Stat. § 10B-3 and use county-specific jurat if required.]
END OF DOCUMENT