The issue of past due child support creates particular problems for parents who get behind. The problem is that once a child support payment comes due, the court is generally prohibited from changing that amount later.
In practical terms that means that as soon as events change that cause a peson to consider a motion to modify child support the motion should be filed. For example, if a payor of child support loses his job, it is in his best interest to immediately file for child support rather than wait because the court may modify the child support back to the time of the filing of the motion but not before.
The North Carolina statute is found in § 50‑13.10.
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Raleigh divorce lawyerScott Allen handles child support, modification of custody, 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.