Can my spouse avoid child support by filing bankruptcy or quitting work?
Child support obligations cannot be discharge in bankruptcy court. The Court may also find a party in violation of a Court Order if a party chooses to become willfully unemployed or underemployed. If necessary, child support can also be garnished from unemployment wages. If my financial situation has changed, can I modify my child support? Yes. The Courts understand that people lose their jobs or have other unexpected events occur. It is important that you modify your child support to reflect your actual income if there is a significant change so that you will not be penalized for arrearages if your payments become too high. The same holds true for positive changes, too. If one of the parties receives a substantial raise or changes jobs, the children may be entitled to receive some benefit from that improved situation by modifying support as well. Generally in N.C., child support is modifiable upon a showing of a substantial change in circumstances; or every three years, if application
