Legal Question in Family Law in North Carolina

You do not indicate whether your son is in NC. Your son should get an attorney. If he cannot afford one, perhaps he will qualify for Legal Aid. If he is in a different state than where the support order was entered, then he should contact the local bar association to see if there are any family law attorneys who will handle child support pro bono (for free). Some attorneys will provide limited legal services for a reduced fee. Other counties have forms for a modification of child support online. Your son can see if the county where the child support order was entered has such forms.

As I said, I do not know where your son is located and I do not know where the support order was entered. And I do not know why your son is "desparate." Was it a job loss" Some other issue? It will depend on state law as to the reasons why modification is sought. Some states charge a percentage of the parents' income, others have a table showing the support obligation of each parent.

Courts in general do not favorably view modifications of support. Regardless of what happens, a parent has a duty to support his or her child. If a job is lost, the parent is expected to find another job, although the support order might be reduced if the income is less. Another exception might be someone who was a doctor and earning lots of money and then suffered a debilitating illness or injury and the person cannot earn wages at the same level. People who are self-employed and try to hide money or people who just don't want to pay child support will not get much sympathy. In those cases, the court may assign an earning capacity to the parent and set child support at a certain level regardless of the parent's ability to pay.