Court Order Modification/Motion to Modify
About Court Order Modification in North Carolina
In North Carolina, there are a few steps that must be followed to modify an existing court order. These involve filing a motion to modify, attending mediation, and going to court if mediation doesn't resolve the issue.
How Do I Modify a Court Order in North Carolina?
- File a Motion to Modify: You must submit a motion to the same court that issued the original order. This applies to custody, child support, alimony, or other family-related orders. The motion should clearly state what changes you’re requesting and why.
- Show a Substantial Change in Circumstances: North Carolina law requires proof of a significant change since the original order was entered. For example:
- A parent’s relocation
- Change in employment or income
- Health issues
- Changes in the child’s needs or safety concerns Minor disagreements or inconveniences are not enough.
- Attend Mediation (if required): In custody cases, you may be required to participate in court-ordered mediation before a judge hears your motion.
- Court Hearing: If mediation doesn’t resolve the issue, the court will schedule a hearing. You’ll need to present evidence and possibly witness testimony to support your claim.
- Judge’s Decision: The judge will decide whether the change is substantial and whether modifying the order serves the best interests of the child or affected parties.
What Are Some Common Forms for Modifying a Court Order in North Carolina?
- Motion to Modify (Custody, Support, etc.): This is the primary form where you explain what part of the order you want changed and why. There isn’t a single universal form—each case type (custody, child support, etc.) may have its own version.
- AOC-CV-752: Motion Cover Sheet: Required for all civil motions, including modifications. It helps the court categorize and process your request.
- Custody Mediation Cover Sheet (if modifying custody): Required in many counties to initiate or resume mediation before a hearing is set.
- Affidavit of Financial Standing (for support or alimony modifications):
This form details your income, expenses, and financial obligations. It’s often required when financial changes are the basis for your motion.
- Notice of Hearing: Once your motion is filed, you may need to complete and serve this form to notify the other party of the court date.
You can download these and other relevant forms from here North Carolina Judicial Branch Forms.
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Interested in Learning More?
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