Child support and non-guideline amounts


#1

I understand that it seems like a simple question to you, but unfortunately it is not. The purpose of this forum is to give opinions on legal questions, there are some areas that are too complex for me to simply give you an opinion and unfortunately, this is one of them.

Your child support amount is not based on the guidelines, or some standard formula, which means I can’t give you a ball park, because it depends on each individual case. Child support in your case will be determined based on the needs and expenses of your children, the standard of living you have traditionally provided them, and any special needs that they have.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

I was reading through your site about issues dealing with child support, filing criminal conversation suits etc.and came across a question by momsdaughter posted 05/04/08 asking how child support is calculated & the response from Helena.
My question:
Is the basis for calculating based on needs, standard of living & special needs of the child or children figured this way in states other than NC? If not is there any way short of hiring an attorney & paying consultation fee to get that answer?

Also if a couple is still married and he or she has an affair, and they decide to try to salvage their marriage is the affair then considered as being forgiven in relation to filing a criminal conversation suit against the OM or OW?
Does the couple have to be separated,or in process of divorce in order to file criminal conversation suit?
Sorry about all the questions but I have gotten completely overwhelmed by “information” all over the internet.
Thank you so much for any helpful response.


#3

I am not sure exactly what your question is regarding child support, however every state has child support guidelines.

In order to sue someone for alienation of affection the affair needs to actually lead to the end of the relationship and the “alienation” of your spouse’s affection.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

I understand that my case is “complex”. Needless to say, the standard of living I can provide is no where near what the father can provide. And yet, I am expected to by requiring me to pay 50% of expenses. I now live in a house about 1/4 the size of what I did live in. I have no semblance whatsoever of my “marital standard” of living. Can’t be done with over 300,000 difference in earnings. Thanks anyway.


#5

I posted a question concerning what amount of child support would be reasonable if 400,000 was the amount someone made with the dependent spouse making approximately l8% or 72,000 per year including alimony. The question is…if one spouse makes 400,000 a year and the other makes 72,000 what would be a reasonable amount set by a judge? How hard can that be to make a determination? Also, I asked based on the information given…400,000 to 72,000 would it be considered “fair” for the dependent spouse to pay 50% of all cost for the minor child. Plain and simple. 400,000 to 72,000. In your best guess, what would you surmise?