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§ 50‑56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances.

(a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50‑13.7 and G.S. 50‑16.9 as provided in subsections (b) through (f) of this section.

(b) Unless the parties have agreed in writing that an award for postseparation support or alimony shall be nonmodifiable, an award by arbitrators for postseparation support or alimony under G.S. 50‑16.2A, 50‑16.3A, 50‑16.4, or 50‑16.7 may be modified if a court order for alimony or postseparation support could be modified under G.S. 50‑16.9.

(c) An award by arbitrators for child support or child custody may be modified if a court order for child support or child custody could be modified under G.S. 50‑13.7.

(d) If an award for modifiable postseparation support or alimony, or an award for child support or child custody, has not been confirmed under G.S. 50‑53, upon the parties’ written agreement these matters may be submitted to arbitrators chosen by the parties under G.S. 50‑45. G.S. 50‑52 through G.S. 50‑56 shall apply to this modified award.

(e) If an award for modifiable postseparation support or alimony, or an award for child support or child custody has been confirmed pursuant to G.S. 50‑53, upon the parties’ agreement in writing and joint motion, the court may remit these matters to arbitrators chosen by the parties as provided in G.S. 50‑45, in which case G.S. 50‑52 through G.S. 50‑56 apply to this modified award.

(f) Except as otherwise provided in this section, the provisions of G.S. 50‑55 apply to modifications or corrections of awards for postseparation support, alimony, child support, or child custody. (1999‑185, s. 1; 2005‑187, s. 14.)

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

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John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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