Committed to Families Like Yours
Through All of Life's Challenges

Charlotte Modification Lawyers

North Carolina Motion to Modify Child Support

If your current child support arrangement does not reflect the reality of your or the other parent’s financial situation, it may be possible to have the payment amount modified. In order to do so, however, there must be a demonstrable change to one or both parents' economic situations and/or the needs of the child.

In North Carolina, child support payments are generally ordered according to the income of both parents. In a child support modification case, there may be arguments back and forth about what counts as income. An experienced modification attorney can often be of assistance to a parent in such a situation.

Who Has Jurisdiction Over Child Support Modifications?

Parents in North Carolina who have been ordered to pay child support can petition a court to modify payments when there has been a substantial change in circumstances since the time that the last order was entered. However, a court must have jurisdiction to hear the case to enter an order for modification.

If one parent has moved away since the last order was entered, the Uniform Interstate Family Support Act controls which state has jurisdiction to hear the case. The UIFSA has been codified in every state. More than one state can have exclusive jurisdiction to modify a preexisting child support order under the act.

When this occurs, courts look to the home state of the child. If an order has been issued in that state, it controls the case; if no order has been issued in that state, the most recently issued order controls.

For example, if one parent moved to North Carolina and filed for divorce, leaving their child and the other parent in another state, a North Carolina court could issue a divorce decree. If the parent in the child’s home state applied for a modification, a court in that state could issue a decree. However, the divorce decree would control the issue of child support until another order was issued in the child’s home state.

Most aspects of a divorce decree cannot be changed once a divorce is finalized. However, when it comes to child support, child custody, and child visitation, post-divorce modifications may be approved by a family law court in cases where there has been a substantial change in circumstances. Modifications to spousal support may also be called for if one or both spouses have a significant change in income or financial needs.

At Jetton & Meredith, PLLC, we have the knowledge and resources to help our clients pursue all types of family law modifications in Charlotte, NC. Call us at (704) 931-5535 to discuss your needs with an experienced lawyer.

Child Custody Modifications in North Carolina

A common misconception in North Carolina is that upon receiving a permanent child custody order, it will last until your child is 18 years old. Although it is called a “permanent” order, that is not always the case. North Carolina law provides a way to modify an existing child custody order if it becomes necessary to do so.

The governing law is found in North Carolina General Statute § 50-13.7, which states:

“Subject to the provisions of G.S. 50A-201, 50A-202, and 50A-204, an order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party.”

What this means is that if you can prove a substantial change in circumstances which impacts the well-being of the minor child, your order providing for child custody may be modified. If you are the parent seeking to modify the order, you have the burden of showing the “substantial change in circumstances.”

If you are unable to show a substantial change in circumstances which impacts the well-being of your child, the judge is required to keep the current order in place. If you can show changed circumstances since the date of the last order, the court will hear evidence to determine what is in the best interest of the child.

Seeking a Modification Due to Relocation

You may seek a change in child custody or visitation because of the relocation of one or both parents. If you have primary custody of your child and wish to move out of state or out of the area, you may need to demonstrate to a family law court that the move is necessary and in the best interest of your child.

For example, an increase in income because of a new job may give your child new advantages. The best interest of your child will serve as the guiding principle in your modification case. Likewise, you would need sound legal advice if the other parent seeks to relocate and you wish to protest the modification.

To learn more about our post-divorce modification services, contact our firm at (704) 931-5535. We also assist clients in registering out-of-state divorce orders in North Carolina.

Client Testimonials*

The Opinions that Matter Most
  • “I knew they would be strong advocates for me.”

    Former Client
  • “I am glad to know I have a lawyer like Jetton & Meredith for life!”

    Former Client
  • “After contacting several attorneys’ offices I am SO happy to have chosen Jetton & Meredith!”

    Former Client
  • “Jetton & Meredith are reasonable, fast, and brings positive results to their clients.”

    Former Client
  • “Always responsive and looking out for my best interests.”

    Former Client
  • “They were very passionate in every court appearance and again, really gave me the push to believe that everything was going to be alright-- and it was.”

    Former Client
  • “A lot can be said for good communication and having the peace of mind.”

    Former Client
  • “They argued my case and won!! I am so grateful to them for their dedication, effort, and hard work.”

    Former Client
  • “Jetton & Meredith is the route to go!!”

    Former Client
  • “Great service and very personal.”

    Former Client
  • “Extremely easy to work with, gets results, and personally cares for their clients.”

    Former Client
  • “Knows their way through the complexities of the legal system to provide the best outcome.”

    Former Client
  • “Excellent Lawyer & Firm”

    Heather O. Charlotte, NC
  • “Best ever”

    Mike Savage Mint Hill, NC
  • “Accessible, hardworking and efficient.”

    Former Client


  • Elite lawyer 2022 Divorce
  • Elite lawyer 2022 Accidents
  • Top Ranking Family Law Attorney 2021
  • Litigator of the Year 2021
  • Elite Lawyer Badge 2021
  • Avvo Client Choice - 2020 Erika Angles
  • Law Eagles of America 2021
  • Top 10 Family Law Attorneys
  • Multi-Million Dollar Advocates Forum
  • American Institute of Trial Lawyers
  • Legal Elite 2021
  • Client's Choice Award
  • Super Lawyers - Rising Star 2021
  • Business North Carolina Legal Elite
  • BBB - Start With Trust
  • Legal Elite 2020
  • RUE Ratings Best Attorneys of America - 2015
  • TNTL Top 100 Trial Lawyers
  • Avvo Clients' Choice 2015 Divorce
  • Avvo Clients' Choice 2015 Criminal Defense
  • Attorney and Practice Magazine's Criminal Defense top 10
  • AIPIA - 10 Best 2018 Attorney
  • Clients Choice Award 2019
  • AIPIA - 10 Best 2018 Law Firm
  • TGDWW - Top Lawyer 2015
  • AIFLA - 10 Best 2015
  • AATA - Premier 100
  • NAFLA - Top Ten Ranking 2015
  • MVTL - Top 25
  • Top 40
  • American Association of Attorneys - Premier DUI
  • National College for DUI Defense
  • 2019 Attorney and Practice Magazine Family Law Badge
  • ASLA 2015 Top 40 Lawyer Under 40
  • 10 Best Attorney's in Client Satisfaction 2019

Why Jetton & Meredith?

A Passionate Defense Of Your Rights
  • Numerous Professional Awards & Recognitions

  • Proven Track Record of Successful* Case Results

  • Unique & Personalized Approach to Each Case

  • Consultations Available on Evenings & Weekends

  • Well-Established Family Roots in Charlotte, NC

  • Decades of Combined Legal Experience

  • Unwavering Dedication to Client Satisfaction

  • Highly Respected within the Legal Community