The Effects of COVID-19 and Modification of Child Support in North Carolina.
Nationally, unemployment claims soared to an astonishing 6.6 million during the first week of April 2020. As we are all aware, the COVID-19 or “Coronavirus” pandemic has wreaked havoc on all aspects of the American economy and has led to widespread layoffs, furloughs, and the closing of businesses large and small. Parents that rely on a steady stream of income may be asking, “How am I going to afford my ongoing child support payments,” or “Is there any way I can modify the amount that I have to pay in child support per month?”
While there are several nuances under North Carolina Law, a parent may be able to modify his or her child support obligation upon a showing of a substantial change of circumstances since the entry of the prior child support order. Losing a job due to COVID-19-related layoffs is but one example of a change of circumstances that may warrant a modification. If a parent is no longer making the income that they had been, it could create an undue hardship to make that parent pay the amount of child support he or she had been paying.
There are numerous other circumstances that could constitute a substantial change in circumstances warranting a modification of the child support obligation:
- Losing a job through no fault of your own;
- A change in the custody schedule;
- A serious medical condition experienced by either parent or minor child;
- One child is no longer a minor subject to a child support obligation.
These are but a few examples of a substantial change. Additionally, if, after a period of three years or more, your child support obligation would differ by 15% or greater, that would automatically be considered a substantial change.
The attorneys at Offit Kurman have many years of experience handling child support cases in Charlotte as well as the surrounding counties. Additionally, given the nature of the current pandemic, we have the capability to speak with clients over the phone as well as via video conferencing.
ABOUT KYLE FROST
Kyle Frost is a North Carolina board-certified specialist in family law, with emphasis on equitable distribution, child custody, child support, alimony, post-separation support, step-parent adoptions, and post-judgment practice including contempt proceedings. His practice encompasses Mecklenburg, Gaston, and the surrounding North Carolina counties.
ABOUT OFFIT KURMAN
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