When are the new CS guidelines going to take effect??? Our November CS order is a lower amount than is fair as a result!

My child and I have a child support order against the NCP that was just established in November. As a result of the new guidelines not being established yet, even though they were supposed to have been as of October 2010, our child support order is less than a fair monthly amount. I work hard to provide for my child and we're still struggling every month. If and when the new guidelines take effect in January 2011, will the orders established between October 2010 and January 2011 be automatically modified to reflect more accurate amounts? Or do I have to file for a modification? If so, what would be the grounds? Irresponsibility on the part of the Conference of Chief District Court Judges??? Can it be retroactively applied?

Raleigh, NC -

Attorney Answers (1)

John G. Miskey IV

John G. Miskey IV

Family Law Attorney - Chapel Hill, NC

I understand that the new child support guidelines will go into effect for cases heard on or after January 1, 2011. If you want to modify the child support order, you need to file a motion for substantial change in circumstances which you may have if the new calculation is at least 15% different that the current order.

In what way are the folks that came up with the new guidelines irresponsible?

Our office schedules phone and office consultations to review cases concerning North Carolina legal issues. This answer does not establish an attorney-client relationship but is a response to a hypothetical scenario and should not be construed as legal advice.

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