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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 50 - Divorce and Alimony
Article 3 - Family Law Arbitration Act.
§ 50-41 - Purpose; short title.
§ 50-42 - Arbitration agreements made valid, irrevocable, and enforceable.
§ 50-42.1 - Nonwaivable provisions.
§ 50-43 - Proceedings to compel or stay arbitration.
§ 50-44 - Interim relief and interim measures.
§ 50-45 - Appointment of arbitrators; rules for conducting the arbitration.
§ 50-45.1 - Disclosure by arbitrator.
§ 50-46 - Majority action by arbitrators.
§ 50-48 - Representation by attorney.
§ 50-49 - Witnesses; subpoenas; depositions; court assistance.
§ 50-52 - Change of award by arbitrators.
§ 50-53 - Confirmation of award.
§ 50-55 - Modification or correction of award.
§ 50-57 - Orders or judgments on award.
§ 50-58 - Applications to the court.
§ 50-59 - Court; jurisdiction; other definitions.