Child Support differential (50/50 v. 70/30)

probably because of the amount of time you physically have the child. it sounds like you are thinking about setting up a different arrangement, (advice) stick to whats working but to protect the both of you agree to put it in writing. It sounds like you and the ex has a good communication base and that so wonderfull(it makes all the difference in the world)don’t mess that up, you and your ex will save thousands of dollars if you continue to communicate in the best interest of the child, believe me I know.

You can have custody and child support arrangements that do not go through the courts and it sounds as though this may be better for you two. Set up an agreement such as you have now in writing and have it notorized. It’s not a court order but it is still legal and that’s only to protect you both. You can even put into the agreement that the amount and schedules fluctuates for different times or needs. If you are setting up your own custody and child support arrangements you can put what you feel is fair. Hopefully you and the STBX can continue to work amicably on this and not get the lawyers or courts involved. Put into the agreement that she has primary physical custody with you having liberal visitations, you can even put the days you have visits, and that you share legal custody. Put that you will split the costs of child care and insurance and other purchases as they arise between you. The only time the calculator comes into this is if you can not agree on an amount. If you go to court, not only will you pay excessive amounts to lawyers but will end up following that calculator exactly.
My advice, continue to work together to raise your son, get whatever agreement you have in writing and notorized and keep a record of everything, even if you may never need it.
Good luck to you!

Dear neighsayer,

The two of you are free to agree on any child support amount that you wish, and it sounds like that is what you have done. The child support guidelines are heavily affected by the amount of time you child spends with you.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

Hi everyone–new here. I hope you can offer sage advice.

I am a non-custodial, active parent–I have my son every other weekend, one night per week, 2 weeks in the summer, and alternating holidays. In other words, on a percentage basis, roughly 30% of the time.

My ex and I have not finalized a child support and custody agreement, but this schedule has been working well so far.

My income is only 1/3 of my spouse’s income. I pay $225.00 per month for our son’s daycare expenses, and my spouse pays $100.00 per month for his health insurance. There are no other “child related” monthly outlays–we’ve both been handling expenses as they arise, buying him new clothes, school supplies, etc., in fairly equal proportions.

My ex and I had originally thought we would have a 50/50 custody arrangement. We have since decided that it’s in our child’s best interest for him to reside primarily with his mother, with liberal visitation on my part.

HERE IS THE QUESTION: How is it possible that, when using the child support calculators, the recommended child support order could fluctuate so immensely between that for a 50/50 arrangement versus a 70/30 arrangement? Under the 50/50 arrangement, my spouse (with the 3x greater income) would have a recommended payment to me of $400.00 per month. Under the 70/30 arrangement, the calculator shows a $600.00 swing such that I am recommended to pay $200.00 to her!

Any insight is greatly appreciated–