Child Support Change in Circumstances

Brief history:
From 2012 to 2017 I was living in Texas and paying child support at a low rate which was mutually agreed upon and legally filed with the court because my youngest daughter was living with me during that time and our older daughter was with him (she was 16 at the time and has since aged out). During that time I was paying him and he was paying me nothing - again mutually agreed upon and legally filed in court.

In Sept 2017 my younger daughter moved back with him to NC and a month later he filed to change the child support in Texas without my knowledge. Due to a change in my employment I moved away from Texas before I was served (again I had no idea he filed before I moved). Then he had to wait for me to establish residency (6 months) in my new state of California before I was served and support was changed to a much higher rate. During that 6 months I continued to pay the lower rate until officially changed in court.

Recently due to a change in my employment again I have moved to Boston, MA where my salary is much lower but this was through no fault of my own. I am filling to have the support changed and governed by NC since I am no longer in California and have no ties there. To me it makes sense that support be governed by NC.

Can he file for retroactive child support for the 6 months where I was paying the lower rate even though I had no idea the he filed in Texas?

I make less money in Boston (through no fault of my own) but can the judge in NC order me to continue paying at the California rate? It is important to note that he and his new wife combined make over $250K/yr. I make $80K/yr.

If NC takes jurisdiction of the child support case because the minor child is residing in NC, then NC law and NC child support guidelines will apply. He cannot ask for a retroactive change in child support in NC when there was a then-current and valid TX child support order many years ago.

His wife’s income is not considered when calculating child support in NC. Only the incomes of the biological/adoptive parents are considered.

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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