Child Support Calculation


#1

I have a CS modification hearing ( from an existing order) soon to increase support due me. NC CSE represents me ex rel and filed for the hearing in Meck county. Ex wife has had 2 new kids and is getting divorced from new husband, but is not divorced yet.Her earning increased over 250% from last order so I know support will increase, my question is:
1.Using the NC primary custody calculator( she gets every other weekend and 4 summer weeks) does she get credit for child care paid for her new kids, or does it only apply to OUR kids contained in the support order ?

  1. Where it asks if you have responsibility for kids not of this marriage and how many, it then asks if you and the other parent are still together; my question here is since they are not yet divorced would this be yes or no, to are you and the other parent still together. It makes a difference in the allowance.

How does CSE child support court worm ( rm # 8110) , I have been told the CSE agent meets with the parties to try amd mediate an amount and if they cannot, it goes to the judge that same morning for a decision. Is that how it works ?

Can you elaborate a bit on the process, as CSE is not real forthcoming with information, even when they are handling your case.

Thanks.


#2

Your wife’s income will be reduced by the basic child support obligation for her new children that live with her. This obligation will account for her current husband’s income which is relevant to the other children that are not the subject of your action, whether or not they are divorced.

If child support cannot be agreed upon prior to the scheduled court hearing, the court will hear the case and should make a ruling that day.


#3

So does that mean it gives her standard allowance at 1/2 the rate for her “new kids” since she is still married, or the full standard allowance ?
I am unsure what you meant when you said it will account for her current husbands income. My understanding from reading the guidelines is that if ex and father of the other kids are still together, then she gets the standard allowance at 1/2 rate and if they are not together than she gets it a full rate. Can you clarify please ?

If she does not furnish whatever CSE ordered her to furnish on her husbands income, do they then impute ?

Your wife’s income will be reduced by the basic child support obligation for her new children that live with her. This obligation will account for her current husband’s income which is relevant to the other children that are not the subject of your action, whether or not they are divorced.


#4

Your understanding is correct. A parent’s responsibility for her natural child who currently lives with them (other than the children for who support is being determined) is deducted from that parent’s gross income. The basic child support obligation for these children is equal to one half the basic obligation based on the combined incomes of both the parents of those children.


#5

At today’s scheduled CSE hearing, after we talked to CS attorney who told EX that guidelines show support she should be paying is $675.00 ( up from $200).
Ex tried to claim childcare expenses for children not of our marriage or in this order and was told that didn’t factor in, then she complained that she was working less than 40 hours and was told they will impute at least 35 hours, then she complained CS was to much and was told to get another part time job.
Ex also now has a CS order on her soon to be ex and that was included in her income.

Ex then started claiming that child care over the summer (even though I brought documentation) for was too much, that I should get a scholarship, that last year I got one and she wanted to object and subpoenae the records ( indicating I was a liar).I did not think what happened last year was relevant to a current modification, especially with a receipt for curent deposit and fee balance statement provided ??

CSE attorney simply told us both that we can each subpoenae pay records and child care records and re set the hearing for end of May.
CS attorney did say that any modification would be retroactive to the filing date though, when I asked what happens between today and next court date.

Question:
I am a bit perturbed that since I brought documentation of all income and expenses , that we weren’t allowed to see the Judge today ?
Initially they said at the 8 am call, that cases to see the Judge would be set off to the afternoon calendar.
Question: Why was ex allowed this continuance?

Question: I now would like to see a copy of her CS order to verify the amount she will recieve and also complete /up todate payroll records on ex as close to Court as possible so they are current. How do I subpoena ( pro se with CSE representing me- do I have them do it? or must I ) accomplish this and is there anything else I should ask for ?


#6

It seems as though the court simply did not reach your case, and in light of the fact that more records are needed, the case was continued.

If you wish to see your ex’s child support order in another case, you can simply check the file out and make a copy at the court house.


#7

Ex’s case is in another county , other than my traveling there how can I obtain the information or a copy?

Additionally, after court when I looked at copies of pay stubs ex presented, I saw that the CSE attorney did not properly calculate all the income ( she was in a ghuge rush to move to the next person).I would like to have a beakdown of the pay stub to present to the court for the next hearing, is it accepted to have an expert, such as a Mortgage Broker or banker ( would both be considered experts by the court at interpreting income from pay stubs, or what would you suggest ?)do the breakdown and provide an affidavit so that I don’t lose out on income toward support.
Ex gets combinations of base pay, tips, other non cash income and the pay stub is a bit confusing to someone not familiar with that industry and their pay practices. Apparently the CSE attorney failed to calculate anything but base pay.

Finally: Do you feel it would be prudent to use your DYI service the month before the hearing in order to have your attorney do the income breakdown and would that be accepted by the court ?


#8

Some counties may have on-line access to files, I am not sure which counties do. I suggest you call the clerk to ask.

The court will likely not accept expert testimony regarding the paystub, and will allow the stub to speak for itself, but you can alert the court to view the statement as a whole, including additional pay over the base.

The DIY service may very well help you moving forward with your case, but I believe the kind of assistance you are seeking is more in line with traditional representation.


#9

When the CSE attorney allowed Ex a continuance , it was because ex said she wanted to subpoena my income and daycare bills, even though I provided current documentation.

CSE was clear to her that no further continuence would be granted, whether she subpoenaed docs or not.

We were both pro se at hearing ( with CSE representing me…not sure how that really works?).

Now ex had a lawyer send me a discovery and interrogatory request for all sorts of things that do not pertain to child support modification .
My biggest issue is this attorney ( who was not present or representing ex at CSE hearing ) has a case # listed on the discovery request that is for an old , and long ago expired temporary restraining order.

This same attorney was warned by the family court Judge in a prior motion ex made and withdrew TWICE . Both times it was after I submitted discovery ,but she did not.
Judge warned in open court that if the attorney ever filed another motion on me that was not well founded he would find her in contempt under Rule 11 and sanction her with my attorney fee’s.

My point is that the attorney has a pattern of frivolous motions to gain discovery and then withdraw her motion, which is harrasment.

I do not want to respond to this current attempt to get discovery ( especially beyond the scope of the hearing) and allow her to withdraw it and re draft some other way, if I don’t have to.

There is no open case by the case # she is using, and it is another attempt at discovery she is not entitled to.
What do you suggest, is this a case for the BAR association ?


#10

I suggest you file an objection to the improper discovery.