Short answer: no. I suggest you go along and listen Lee Rosen's Paying Child Support Indefinitely?, and be thankful for living in Indiana.
Mr. Rosen has a great web presence, a large family law practice and he has regular podcasts on North Carolina family law. Listening to his podcast made think of some important differences between here and there:
- There can be automatic change in child support here. There is an Indiana case )whose name escapes me while I write this) which expressly held that an automatic increase of child support without a hearing violated the payor's due process rights.
- What we can do in Indiana, and does not seem apparently possible in Indiana, is exchange income information year (or when there is a major change in a party's economic situation) and there can be an agreed change in child support (or a filing of a petition to modify support).
- I cannot get my mind around the idea that a contract can control child support. Indiana law sees child support as belonging to the children with the payee parent acting as a trustee for the children. No I see no way that a parent can contract away their children's child support.
- While a person may waive a constitutional right, but I doubt there was any intelligent waiver of any due process from what I understood the description of the North Carolina facts.
- North Carolina's modification procedure sounds horribly complicated compared to our procedure of just filing a petition to modify. On the other hand, I wonder if it is any quicker when one figures in our need for discovery.
- If any wonders why Indiana lawyers rely so heavily on irretrievable breakdown of the marriage as grounds for a divorce, just listen to the whole of the podcast for the discussion of using impotency as grounds for a divorce.
(I notice that Ohio is pretty much similar to Indiana - see The Ohio Law Blog's Child Support in Ohio – How can I have the amount adjusted if I can no longer pay the current amount? - but that Ohio has also an administrative agency. Am I detecting a North-South divide here?)
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