Bonus Checks included in Child Support


(Herbie Hutchins Jr) #1

Hello,

I dont always get bonus checks but is that included in Child support? Is it figured in how much they are trying to calculate for child support?


(Anna Ayscue) #2

Bonuses are considered income for child support purposes, even if they are received irregularly. The bonuses are typically averaged among a 12 month period to determine the monthly gross income for that parent.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


(Herbie Hutchins Jr) #3

The nc calculator is that the official for paying child support? Is that
what I’m required to pay? Or is that just used for reference? We are
trying to do an agreement and make it legal. To avoid a lot of the costs.


(Anna Ayscue) #4

The North Carolina Child Support Guidelines calculator maintained by the North Carolina Administrative Office of the Courts can be found here.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


(Herbie Hutchins Jr) #5

So, your saying that calculator is the law??


(Anna Ayscue) #6

That calculator is the calculator maintained by the NC Administrative Office of the Courts, and it correctly applies NC child support laws.

Our Child Support Calculator also correctly applies NC child support laws.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


(Herbie Hutchins Jr) #7

What about 401K?? Can I take money from it to pay for lawyer fees?? Can
the 401K not be half to her? Is there a way to work other things to make
up the Half of 401k?


(Anna Ayscue) #8

You can use 401(k) money to pay for attorney’s fees however, you should be careful to not use any 401(k) funds that are marital (i.e. earned during the marriage). In other words you can borrow against the separate property portion of your 401(k) but you should not for the marital property portion while the issue of equitable distribution is pending.

It is possible not to give half of the marital portion of your 401(k) to your spouse. The amount that you may have to give your spouse depends on the total net worth of assets that each of you is keeping from the marriage and how much is needed, if anything, to equalize the distribution assuming no factors are present for an unequal distribution.

Yes, you could give your spouse additional assets in order to keep your 401(k) intact. But generally, each spouse is entitled to one-half of all marital property (property acquired during the marriage except for inheritances).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.