Child Support Calculator Problem, Again


#1

Dear TryingMyBest:

Greetings. Our child support calculator was checked and runs correctly. Can you please tell me the numbers you were working with again and I will (this once) give you the outcome. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Dear Ms. Fritts,

Absolutely!

I have sole physical custody of our two children.
I make $2918 gross per month.
My ex makes $1105 gross per month.
I pay $350 per month in day care expenses.
I pay $307.09 for the children’s portion of the health insurance.
Therer are no extraordinary expenses at this time.

When I used the calculator from this website, it came out that my ex owed me $770.09 per month in support(basic child support + part of child care + health insurance premium).

I showed it to a friend who was recently divorced, and she said “that can’t be right!” . She went to the NC DHHS website and put in the same numbers.

The NC DHHS website says my ex owes ONLY the basic child support obligation of $200.50.

I found this on the DHHS website: "The Guidelines include a self-support reserve that ensures that obligors have sufficient income to maintain a minimum standard of living based on the 2002 federal poverty level for one person ($738.00 net per month)… For obligors with adjusted gross incomes above $800, the Schedule of Basic Support Obligations incorporates a further adjustment to maintain the self-support reserve for the obligor.

If the obligor’s adjusted gross income falls within the shaded area of the Schedule and Worksheet A is used, the basic child support obligation and the obligor’s total child support obligation are computed using only the obligor’s income. In these cases, childcare and health insurance premiums should not be used to calculate the child support obligation."

Could this be why my ex gets away with so little support paid to us??

Thank you for trying to figure this out for me! :slight_smile:

[quote]Originally posted by JanetFritts

Dear TryingMyBest:

Greetings. Our child support calculator was checked and runs correctly. Can you please tell me the numbers you were working with again and I will (this once) give you the outcome. Thank you.


#3

I have been out of the office for 3 days with the flu now and just starting to recover. Please expect a response by Friday of this week. Okay?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Dear TryingMyBest:

Greetings. I also come up with your spouse paying $201.00 per month. I have advised our technical support about the issue with the calculator.

On a separate note, is she working full-time?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#5
quote:
Originally posted by JanetFritts
Dear TryingMyBest:

Greetings. I also come up with your spouse paying $201.00 per month. I have advised our technical support about the issue with the calculator.

On a separate note, is she working full-time?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Oops! Not sure how that happened. Anyway…

Dear Ms. Fritts, thank you for answering that question. I can’t say that I am not disappointed, somehow I had hoped your child support calculator was correct [:I]

I do work full time. I do not know if the Ex is working full time, there is nothing in our documentation that says I am entitiled to that information. Voluntary underemployment also crossed our minds, but is there any way of finding out if she is employed full-time without going to court? We have no real change in circumstances… she quit a better paying job (around $18,000\yr) to move over a year ago and then got this job,but it was so long ago - would that qualify as a change? Also, does the fact that she was going to school AND holding down that better job make a difference? She is only working now, and making much less money. Also, does it make a difference that she lives with her parents? She was working two jobs a while last year(info volunteered by the kids) but quit the second job.

On a related note, if the child support agreement says that my ex has to pay 1/2 of the medical bills but it does not say when she has to pay me back, how long does she get to do so? She owes over $700 now and is is paying me back only $5 or $10 per month.

Here’s hoping you took enough time off from work to fully recover, and are feeeling 100% better! Your work on this forum is much appreciated, you have addressed many of our concerns :slight_smile: Thanks again!


#7

Dear TryingMyBest:

Greetings. What a pain for you. It sounds to me like she has realized that if she works for less money, then she pays less support. She gets a free ride on her living expenses and you end up paying more.

So, here is my suggestion, ask her in writing for copies of her W-2 and tax returns. Keep copies of all the written requests you make and the answers she sends. Also, tell her that she needs to make the payments of the medical expenses in a timely manner by paying the full amount of her share within 30 days of receiving the same.

I talked with our technical office and they informed me that they plan to fix the problem shortly.

Finally, if we represented you, I clearly think that we could get closer to the $700 number rather than the $200 number, especially since she has little/no living costs, and used to work for more money. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#8

Ms. Fritts, I was wondering if you had found the time to look into my problem with the child support calculator? I know you are very busy, but I was hoping someone in your office might have an answer to my question from 2/14.

Thank you!