Child support calculation


#1

Dear chemicalrxn:

Greetings. Your husband will likely not be able to use his “reduced” income. No, your income (as a new wife) will not county for child support or any other issues, unless you are now getting his old income from the business that is. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Maybe I should give more information. At present my husband owns 10% of the stock in the company and his parents own the remaining 90. We separated in Feb 06 and shortly after, he claims that his father made him reduced his salary and then again claiming that the business was not making money and that was the only way to reduce costs. He never works on the weekends or trys to use his salaried wage to work and offset costs. He recently received his captains license in order to charter our large boat, but did not mention this as income and when asked, said that he was loosing money on this venture also. He only does it to help pay for his hobby. While we were still together, he attended the course. The 3,000 plus to take the course came out of our money and the cost of insurnace was around 2,500. We have two children, one diagnosed with ADHD since 2003. He attends private school for this reason and we agreed that this was a better environment for him. He now only wants to pay for one more year for him. Our daughter is still in daycare.
I was under the impression that the court would go by the last years W-2s all of which were 15 to 20K higer over the past 5 years. Also they could look at earning potential. If he worked at the business instead of the charter fun business he could increase profits. Also, profits are not up because of a lot of bad debt being written off.


#3

Dear chemicalrxn:

Greetings. Is this about alimony or child support?

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

child support


#5

Dear chemicalrxn:

Greetings. If your husband is voluntarily depressing his income in bad faith then you can have income imputed to him. If his income dropped through no fault of his own or is simply speculative, then it is likely not to imputed to him. Instead, the court may look at a historical average to determine his income earning abilities. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

My husband is trying to base his salary on what he is making now and not what he was on the date of separation. He has decreased his salary by 20K (self employed). Also, the lawyers are saying that I have to use my gross salary, before pre-tax money for daycare and health/med insurance was taken out. Is this true?