Please advise what the courts look at as income to distinguish one’s income and if they were to own and open their own business. This business will be paying one parent their income…does courts look at the. Business receivales to determine the parents income for child support or just the personal tax returns and 1099s not including the business receivables ?
Thank you.
There are many types of documents that a court will consider relevant to determine income of a self-employed person.
This includes corporate and personal tax returns, 1099s, W-2s, K-1s, business and personal bank account statements, business profit/loss statements, business balance sheets, etc.
The NC Child Support Guidelines state that “[g]ross income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operation.”
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.
Child support is not determined yet in our signed permanent custody order. We have joint physical custody 50/50. What are the child support laws in NC? Does 1 parent have to be ruled to pay? What do judges usually do when its 50/50 like this?
Thank you.
For joint/equal physical custody, Child Support Worksheet B is used to calculate child support. Both parent’s monthly gross incomes are entered, along with health insurance premiums paid and work-related childcare paid, and Worksheet B calculates what child support should be.
For joint/equal physical custody, Worksheet A and Worksheet C are not appropriate to use.
To run a child support worksheet for you situation, try out our Child Support Calculator.
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.
Ok, thank you. Then how does it get determined which parent pays child support?
The child support worksheet will determine which parent will need to pay the monthly child support obligation.
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.
Ok. Thank you. I’m trying to make sense of this because the dad hasnt provide his last 4 paychecks and he manipulates every angle if the system including his income. If he is going to claim less income then me, isnt it true the parent who make more money pays child support? How do I prove he makes more money?
Thank you.
Typically yes, the parent who earns more will pay child support.
To get a full picture of his income, you will need paycheck stubs, W-2s, 1099s, last 2-3 years of personal and corporate tax returns, bank statements, Venmo records, Paypal records, etc.
Your county’s local rules may require this information to be produced. If not, you can serve him with formal discovery (assuming a child support action is filed and pending) and ask for these documents through discovery (interrogatories, requests for production of documents).
You may also be able to subpoena the records.
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.