January 2022 | 2022 N.C. Court App. LEXIS 15 (N.C. Ct. App. 2022)
Barus v. Coffey (North Carolina 2022)
A motion to modify child support is sufficient if it contains allegations in line with statutory requirements for a presumptive modification. The trial court dismissed the father’s motion to modify child support for failure to state a claim finding the motion didn’t provide the mother with sufficient notice. The father appealed and the appellate court reversed and remanded. The father filed the modification using an approved form, which was filled out in its entirety. He alleged the order was more than three years old and a support would change by 15%. The appellate court found these allegations met the statutory requirements for a presumption modification and didn’t need to be any more specific. The statute doesn’t require the father provide actual incomes or financial information in the initial pleading. The appellate court made it clear it wasn’t addressing if the father was entitled to a modification. This order only addressed the dismissal of the motion.
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