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North Carolina Divorce Law Divorce and Separation Answers
1

Hi again (and again, and again)!

  1. The non-custodial parent was receiving unemployment but then started a new job mid-month. When factoring the total CS owed for that month, should parent prorate with the unemployment pay for the approriate days and the new pay for the remaining days, or is there a simpler equation like “whatever the income was on the first of the month for which support is due”?

  2. If custodial parent has the ability to work overtime and chooses to do so whenever possible, but the amount is not always the same on each pay cycle, is some sort of average factored in to the CS calculations?

For instance, if the W-2 shows an amount that demonstrates periodcal OT and the current paystubs demonstrate periodical OT, is that averaged out to come up with a “monthly” income? Or is the base pay, not including OT, the only figure used … or is it some other calculation altogether?

And if custodial parent says “Oh, well I don’t work OT anymore, that was just temporary” - because their lower income results in more CS - does the court believe that parent, or do they see through that and say “Sorry, but we’re going to average what we show to date as per your pay stubs and if you discontinue working OT, you will be able to show that at your next review”?

Danke shein :smiley:

2

The child support should be calculated based on the monthly income at the time support is calculated. If you and your ex are going by agreement month to month, I would suggest an average for the month unemployment and the new pay were received. As for the overtime, and average over the past several months should be used.