Child support calculation- alimony and # of overnights


#1

Do you count alimony as income for calculation of child support? If one spouse is supposed to have children 90 overnights per year and you calculated child support using that number for Worksheet A, but that parent actually has them less than 50 overnights a year, is it possible to ask for increased child support on that basis? I was told it didn’t matter since they both are less than 123 overnights. That doesn’t seem fair(?)


#2

Alimony does not count as income for child support purposes if it is received from a party to the child support action. If alimony is received from a third party, then alimony counts as income for child support purposes.

You cannot ask for increased child support in that situation. Whether the other parent has the children for 90 overnights or 50 overnights, child support is still calculated using Worksheet A for primary custody. Worksheet A is used when one parent has the children for at least 243 overnights per year. In contrast, Worksheet B for joint custody is used when each parent has the children for at least 123 overnights per year.


Anna Ayscue

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

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.


#3

Thank you- Can you deviate from Worksheet A and base it on actual expenses? I think I saw mentioned in another answer on this forum.


#4

You can deviate from the monthly child support payment as calculated by the worksheet if both parties agree to deviate. Or, after a hearing, the judge may deviate from the amount on the worksheet if he or she believes that that amount would be unjust or inappropriate based on the circumstances and situation at hand.


Anna Ayscue

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

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.