Accepted Compelling Reasons for Modifying Support


#1

I think you could demonstrate these expenses and have your support reduced by taking the months you don’t have them, multiplying that number by your support, then divide by 12 to get a monthly number. I think it’s BS and I think this system punishes you for having a penis regardless of fault. I pay daycare for my kids, $433 a month, but I’m the one providing daycare five days a week and every other weekend. And you’re damn right I’m filing a motion.


#2

Hi. The child support worksheet takes into account both daycare and travel expenses (extraordinary expenses). If you have proof of the expense (receipts, I would argue these costs. However, I think it’s always better to do this BEFORE they come after you for arrears, and I don’t know how that would impact their decision. Also - I’m assuming you pay through NC Child support - there’s a form that can be signed and notorized for a “temporary” change of custody/and child support that perhaps the court would compel her to sign for the months the kids are with you. This website has the forms here and some information on the guidelines. Look also at the guidelines @ NCCHILDSUPPORT.COM - the guidelines take into consideration work-related daycare expenses - they don’t necessarily define them as for the custodial parent. Good Luck!


#3

Would my travel expenses to visit the children count as extraordinary expenses as well since I come from Washington State to North Carolina four to six times a year?

Thanks,

John


#4

Dear jmsauer:

Greetings. First, you cannot simply “stop paying” child support for the time you have the children. Instead, you should have filed a motion with the court to get the child support reduced based on the expenses you were paying (having these included in the child support worksheet on your side and worked out over the year to reduce the monthly obligation). This requires some budgeting for summer expenses on your part.

No, I think that you will still owe the arrearage, although you may be able to reduce future payments (except for the added monthly amount that you will have to pay as arrearage). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
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#5

HI,

I am a noncustodial parent who live in Washington State. My children reside in North Carolina. I am attempting to modify child support by having arrears removed. The arrears are due to summer months when the children reside out of state with me and I have their living and daycare expenses, extracurricular expenses, travel to my location expenses. I incure these expenses even though the law requires me to pay child support 12 months of the year with no support in return.I cannot afford double expenses and have not paid them…now my ex wants them.

Does incuring same or greater expenses than the custodial parent during periods when the children reside with me provide a legally compelling reason to have these arrears removed, and is there case law that supports this or similar arguments?

If not, how could I present this argument in a fashion that is acceptable, fair and equitable?

Thanks so much for your assistance,

John