While a child support order may only be modified "upon ... a showing of changed circumstances," N.C. Gen. Stat. § 50-13.7(a) (2017), the lack of an express conclusion that such a showing has been made does not render such a modification deficient such that remand is required where the findings in the order reflect the showing of the changed circumstances. SeeDavis v. Davis , 229 N.C. App. 494, 503, 748 S.E.2d 594, 601 (2013) ("even if the ‘magic words’ are not used, the factual findings must still make the substantial change of circumstances and its effect upon the children clear"). In its 28 December 2017 order, the trial court found that the children had moved to Maryland to live with Defendant.
Moreover, the trial court cannot, on the one hand, conclude there was not a substantial change of circumstances and, at the same time, change the existing order.Davis v. Davis,––– N.C.App. ––––, ––––, 748 S.E.2d 594, 599 (2013) (citations and internal quotation marks omitted.)Due to the absence of such findings and conclusions in the trial court's custody order, the order must be vacated and this case remanded for entry of a new order with additional findings of fact to address modification of custody.
“[B]efore a trial court may modify an existing custody order the trial court must determine that a substantial change of circumstances has occurred and that the change has affected the children's welfare.” Davis v. Davis, ––– N.C.App. ––––, ––––, 748 S.E.2d 594, 600 (2013). In such a modification proceeding, “the moving party has the burden of proving a ‘nexus' between the changed circumstances and the welfare of the child in order for the trial court to determine that a child [custody] order may be modified.”