Child support modification / different states

North Carolina Divorce Law Divorce and Separation Answers
1

For 7 years now, I have been paying child support to my daughter’s mother. We have since moved. Mainly due to changing medical insurance expenses, and a new addition to the family (my new baby boy), it is time to update the child support for my daughter.

My situation in a nutshell:

  • My daughter’s mother and I were never married. We went our separate ways in spring 2009.
  • In December 2010, we filed a “Consent Custody And Child Support Order” in Mecklenburg County. I have been paying that child support since. Having my daughter for 145 nights/year, it is based on shared/joint custody (worksheet B).
  • In September 2014, I married my current wife.
  • In May 2015, my daughter’s mother married her current husband.
  • In October/November 2014,my wife and I moved to Belmont, NC (Gaston County).
  • In the same In October/November 2014 timeframe, my daughter’s mother and her husband moved to Tega Cay, SC.

Questions:

  1. Now in different states, what is the governing state (and/or county, if applicable) in the matter of child support?

  2. I have come to understand that once a custody schedule is established, child support is just a formula to be calculated. I can certainly pursue this, with my daughter’s mother, outside the court system, but need to know what calculator applies. NC or SC? Does SC have a similar worksheet A/B situation?

Thanks for any help,
chris

2

NC will likely still have jurisdiction over a modification of child support since you still have custody and you still reside in NC. Venue should be transferred to the county you live in since neither party resides in Mecklenburg County anymore.

As long as NC retains jurisdiction, you will continue to use Worksheet B if you and the mother each have your daughter for at least 123 overnights a year.

I am not licensed in South Carolina and therefore unable to give legal advice about SC’s child support laws.