North Carolina § 50-13 - 7. Modification of order for child support or custody.

§ 50-13. 7. Modification of order for child support or custody.

An order of a court of this State for support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested subject to the limitations of G.S. 50-13.10. Subject to G.S. 50A-201, 50A-202, and 50A-204, an order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. When an order for support of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and upon a showing of changed circumstances, enter a new order for support that modifies or supersedes the order for support, subject to the limitations of G.S. 50-13.10. Subject to G.S. 50A-201, 50A-202, and 50A-204, when an order for custody of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and a showing of changed circumstances, enter a new order for custody that modifies or supersedes the order for custody. History (1858-9, c. 53; 1868-9, c. 116, s. 36; 1871-2, c. 193, s. 46; Code, ss. 1296, 1570, 1661; Rev., ss. 1570, 1853; C.S., ss. 1664, 2241; 1929, c. 270, s. 1; 1939, c. 115; 1941, c. 120; 1943, c. 194; 1949, c. 1010; 1953, c. 813; 1957, c. 545; 1965, c. 310, s. 2; 1967, c. 1153, s. 2; 1979, c. 110, s. 13; 1981, c. 682, s. 12; 1987, c. 739, s. 3; 1999-223, s. 13; 2007-175, s. 1; 2021-88, s. 6.) Cross References. - As to the vesting of past due child support payments, see G.S. 50-13.10 . As to distribution by court of marital property upon divorce, see G.S. 50-20 . For the Uniform Child Custody Jurisdiction Act, see G.S. 50A-1 et seq. Editor's Note. - Subsection (a), as amended by Session Laws 2007-175, s. 1, effective October 1, 2007, is applicable to custody or visitation actions instituted on or after that date. G.S. 50-13.7 A, referred to in subsection (a), was repealed by Session Laws 2013-27, s. 2, effective October 1, 2013. For present provisions pertaining to consideration of a parent's military service, see G.S. 50-13.2(f) and G.S. 50A-350 et seq., the Uniform Deployed Parents Custody and Visitation Act. Effect of Amendments. - Session Laws 2007-175, s. 1, effective October 1, 2007, and applicable to custody or visitation actions instituted on or after that date, inserted "Except as otherwise provided in G.S. 50-13.7 A" at the beginning of subsection (a). Session Laws 2021-88, s. 6, effective July 22, 2021, in subsection (a), substituted "An order” for "Except as otherwise provided in G.S. 50-13.7 A, an order” and deleted "the provisions of” preceding "G.S. 50A-201”; and in subsection (b), substituted "that modifies” for "which modifies” two times, and "the order” for "such order” two times, and deleted "the provisions of” preceding "G.S. 50A-201.” Legal Periodicals. - For note on choice of law rules in North Carolina, see 48 N.C.L. Rev. 243 (1970). For survey of 1972 case law on child support and pre-Chapter 48A consent judgments, see 51 N.C.L. Rev. 1091 (1973). For survey of 1978 family law, see 57 N.C.L. Rev. 1084 (1979). For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For survey of 1982 family law, see 61 N.C.L. Rev. 1155 (1983). For note, "Miller v. Kite, 313 N.C. 474 , 329 S.E.2d 663 (1985): Should Domestic Disputes Require the Maximum of Minimum Contacts?," see 64 N.C.L. Rev. 825 (1986). For note, "The Effect on the Child of a Custodial Parent's Involvement in an Intimate Same-Sex Relationship," see 10 Campbell L. Rev. 131 (1996). For comment, "Contractual Modification of Past Due and Future Child Support Payments," see 19 Campbell L. Rev. 189 (1996). For comment, "Out of Step: Why Pulliam v. Smith Should Be Overruled to Hold All North Carolina Parents - Gay and Straight - to the Same Custody Standard," see 87 N.C.L. Rev. 257 (2008).