- She doesn’t calculate child support - the DSS does unless you are making an agreement outside of DSS. The DSS will get income statements from employer based on last 4 quarters of income. They may request that you supply tax forms and/or pay stubs.
- She is supposed to supply information the same way or it will be gathered the same way.
- You go by the current guidelines
The October 2006 guideline are what must be used to modify child support. But if they signed an agreement in February why are they modifying it now? The amount should be set for 3 years when it can be looked at for modifications. The courts do not necessarily have to use a separation agreement if it doesn’t meet the needs of the child but most of the time if it’s a fair amount, they use what’s agreed to by the parents. The lawyer simply needs to request approval to deviate from the guidelines and use the amount agreed to by the parents.
I do not know what documentation is required but if any is, I do not think that the ex gets that. Any income documentation goes to her attorney. I would say that he is entitled to request that her income and figures are verified through an attorney also.
You can use the guideline on the home page and fill in the forms yourself to “double check” the amounts. It’s based on income, number of overnights with each parents, and other expenses paid.
I think she wants to take the information to her lawyer (who is also her boss) since she was the one that calculated the support before when they signed their separation agreement.
The amount is supposed to be set for 3 years? That’s interesting.
Go to the home site and read the section under “Child Support”.
“No matter what the child support provisions in a separation agreement say, they are not fixed in stone. The court has both inherent and statutory authority to protect a minor child’s interest. Thus, no contract can deprive the court of its inherent supervisory power, during a child’s minority, to enforce or modify an agreed-upon support provision. Although child support provisions in a private contract are not directly modifiable by the court, absent the parties’ consent, a court having proper jurisdiction is free at all times during the child’s minority to enter an order of child support and/or to modify an existing order based on a showing of changed circumstances. The fact that child support is provided for in an agreement, then, does not mean that the court cannot order a different amount of support to be paid. Also, if there is a pre-existing court order for chid support, a showing of changed circumstances can convince the court to alter the amount of support.”
There’s a lot of information on the home site that proves useful. too much to copy and paste here. If they signed a separation agreement and the wrong guidelines or worksheet was used at the time, then I believe that amount would have to be recalculated. Since the correct guidelines were used at the time, I am not sure there has to be a recalculation. He really should talk with an attorney. I would suggest that there be a complaint about her viewing his finacial records since they are separated and divorcing. I do not believe that his finacial records since they separated can be requested by her, unless he has been selling off marital assets or increasing their marital debts. I do not think that she should be privilaged to those records, but I could be wrong.
Unless there has been a significant change in circumstances, the child’s needs increase or decrease, one parent’s income increases or decreases drastically, a move, or the custody changes, there’s not much reason that child support should be modified any sooner than every 3 years. The 3 years is on DSS web site. If they are not going through the state, I would run the calculator on the home site and see if he’s paying what he should, more or less. She may be wanting the new guidelines used because she will be getting more money…
the child support does not have to be set for 3 years but every 3 years it is supposed to be re-evaluated. At any time if you think there is 15% or more difference in what you should be paying/receiving due to change in come/ change in status/ change in overnights/ etc you can file for a modification of support.
Greetings. 1) He may as well give her the tax returns, as she can simply get them by filing a motion to modify child support. She will need them to review his actual income from all sources anyway.
Yes, he is entitled to the information before he agrees to a modification.
The 2006 guidelines.
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
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.
My boyfriend and I are planning on getting married this summer. He and his ex signed their separation agreement in February 2006. Her lawyer used the October 2002 worksheet/guidelines, but I see this was updated in October 2006. She has asked him for a copy of his tax forms so that she can recalculate the child support. So, we have a couple of questions.
We thought he only had to supply her with a copy of his paystub, not tax forms. What is he required to provide? (She has primary custody of the children. He gets them every other weekend.)
In the separation agreement, he was never provided documented proof that the amounts included for her income and the amount she pays through her work for their medical insurance were accurate. Is he entitled to verification that the information being used on the worksheet is accurate?
Since the guidelines were updated in 2006, which guidelines are to be used to recalcuate the support. The 2006 guidelines or the guidelines that were in affect when they signed their separation agreement?