How is the usual experience at CS court? Is this something a lawyer would need to attend? I went to the Cs interview and they were even shocked I was there because I showed them I was paying insurance , medical bills (mine and my daughters and some of my soon to be ex wife), rent ( daughter and the mom are staying there while im at my parents house to complete 1 year separation requirement) , utilities , and food/clothes for my daughter. The Cs calculator puts me on the high 900s because to my knowledge my soon to be ex doesnt work .But since NC sees the best interest of the child how would it benefit my daughter if im stuck at my parents house because i cant get my own apartment or house ? Only reason im even able to sleep somewhere now is because my parents are still in nc , My rent right now is 1200 I obviously cant afford to get my own apartment now . I may not be able to get my own apartment after the CS court as well if they put me on a high number. I guess this is based on if its joint custody , I tried to make a consent order for my Ex but she never took it seriously. My question basically is if your the parent whose doing everything right will the judge see that as well? If im set for 900 or higher on CS how does that benefit my daughter if her own dad cant get her own apartment or house? I guess the CS could lower if Ex gets a job but who knows how long that will take .
Child support in North Carolina is based on the gross incomes of the two parents and the amount of overnights each parent has with the child in a year.
The monthly gross incomes are entered into a worksheet, as well as any work-related childcare you’re paying for and the portion of medical insurance that you’re paying for your child, and the worksheet will give you a monthly child support figure that one of the parents will need to pay.
If one parent has the child for at least 243 overnights in a year, then Worksheet A is used. If both parents have at least 123 overnights in a year, then Worksheet B is used.
A judge will consider that you have been voluntarily supporting your child despite not having a court order or separation agreement obligating you. A judge is less likely to order that you pay any retroactive child support (back child support) when you are voluntarily paying for the child’s reasonable needs and expenses.
A judge will only deviate for the worksheet child support amount if you can show that the amount exceeds the reasonable needs of the child considering your ability to provide support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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