Child Support, Custody, and Visitation_-child support modification--change in
circumstances--newborn child
The trial court erred in a child support modification case by concluding that a significant
and material change in circumstances had occurred, because: (1) N.C.G.S. § 50-13.7 provides
that a child support order may be modified or vacated at any time upon motion in the cause and a
showing of changed circumstances; and (2) the trial court's findings and conclusions
contravened the guidelines by equating defendant's financial responsibility to his newborn child,
standing alone, with changed circumstances.
Attorney General Roy Cooper, by Assistant Attorney General
Brenda Eaddy, for the State.
No brief filed for defendant-appellee.
CALABRIA, Judge.
The State of North Carolina by and through the Albemarle Child
Support Enforcement Agency ex rel. Zita Y. Cross (“plaintiff”)
appeals an order of the Gates County District Court modifying a
previous child support order upon finding a substantial and
material change in circumstances. We reverse.
On 25 May 1995, Maurice L. Saunders (“defendant”) signed a
voluntary support agreement certifying paternity and responsibility
for D.A.S., a minor child in Cross' custody. The agreement was
subsequently approved by and became an order of the court. Defendant was ordered to repay, in monthly installments of $20.00,
the sum of $924.00 owed as reimbursement for past public assistance
for his dependent child; however, no ongoing child support was
imposed. Defendant fulfilled this obligation in June 1997, and
defendant's file was closed the following month with a notation
that all arrearages were paid in full.
On 24 September 2002, plaintiff moved to modify the existing
child support order to seek ongoing child support. The matter was
heard on 11 December 2002. The trial court ordered, inter alia,
monthly child support in the amount of $391.00 as determined by
completion of the worksheet contained in the North Carolina Child
Support Guidelines (the “Guidelines”) after concluding there was a
substantial and material change in circumstances (“changed
circumstances”) in that the needs of the minor child had increased
since entry of the prior child support order. The order was signed
on 3 April 2003.
On 10 April 2003, defendant moved to modify the existing child
support order, seeking a reduction in his child support obligation.
Defendant cited changed circumstances because of the birth of a new
child on 9 April 2003. The trial court granted defendant's motion
on that basis. Plaintiff appeals.
On appeal, plaintiff asserts the trial court “erred when it
concluded, based on the single fact that [defendant] had a newborn
child in his home, that a significant and material change of
circumstances had occurred.” We agree. North Carolina General
Statutes § 50-13.7 (2003) provides that a child support order “may
be modified or vacated at any time, upon motion in the cause and ashowing of changed circumstances[.]” The Guidelines expressly
provide as follows:
A parent's financial responsibility (as
determined below) for his or her natural or
adopted children who currently reside with the
parent (other than children for whom child
support is being determined in the pending
action) is deducted from the parent's gross
income. Use of this deduction is appropriate
when a child support order is entered or
modified, but may not be the sole basis for
modifying an existing order.
2004 Ann. R. N.C. 50 (emphasis added). In the instant case, the
trial court found as fact, relevant to the conclusions of law, that
defendant filed a motion to modify the existing child support order
on the grounds that he had a newborn child. The trial court
concluded, in relevant part, as follows:
3. There was a substantial and material
change in circumstances since entry of the
April 3, 2003 Order in that the defendant now
has a newborn child in his home for whom he
has financial responsibility.
4. As a result of the change in
circumstances, defendant is entitled to modify
the April 3, 2003 Order.
The trial court's findings and conclusions contravened the
Guidelines by equating defendant's financial responsibility to his
newborn child, standing alone, with changed circumstances. Accord
Lee's North Carolina Family Law § 10.55(a) (5th rev. ed. 2002).
Accordingly, we reverse the trial court's modification of the
existing child support order. We need not reach plaintiff's
remaining assignments of error.
Reversed.
Chief Judge MARTIN and Judge GEER concur.
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