Modification of Child Custody and Support – NCGS 50-13.7

There is no such thing as a final child support or child custody order under NC law.  The district court judge always has authority to modify the terms of any child custody or child support order.

The statute provides:

§ 50‑13.7.  Modification of order for child support or custody.

(a)        Except as otherwise provided in G.S. 50‑13.7A, an order of a court of this State for support 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 or anyone interested subject to the limitations of G.S. 50‑13.10. 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 or anyone interested.

(b)        When an order for support of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and upon a showing of changed circumstances, enter a new order for support which modifies or supersedes such order for support, subject to the limitations of G.S. 50‑13.10. Subject to the provisions of G.S. 50A‑201, 50A‑202, and 50A‑204, when an order for custody of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and a showing of changed circumstances, enter a new order for custody which modifies or supersedes such order for custody. (1858‑9, c. 53; 1868‑9, c. 116, s. 36; 1871‑2, c. 193, s. 46; Code, ss. 1296, 1570, 1661; Rev., ss. 1570, 1853; C.S., ss. 1664, 2241; 1929, c. 270, s. 1; 1939, c. 115; 1941, c. 120; 1943, c. 194; 1949, c. 1010; 1953, c. 813; 1957, c. 545; 1965, c. 310, s. 2; 1967, c. 1153, s. 2; 1979, c. 110, s. 13; 1981, c. 682, s. 12; 1987, c. 739, s. 3; 1999‑223, s. 13; 2007‑175, s. 1.)

 

 

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Raleigh divorce lawyer Scott Allen handles modification of custody, child support, child custody, and temporary custody hearings and has over seventeen years of experience.  

If you have questions or need assistance call him at (919) 863-4183 or email at sallen@allenspence.com.