Child Support Enforcement?


#1

So my soon to be ex wife after all the hostility and threatenting applied for child support behind my back. Now I have to go to a caseworker interview next week, I literally pay everything currently the apartment rent , ulirties , electric , water , internet , my daughters food/diapers , and the insurance which if you add it is almost 2000 a month. My soon to be ex had a job not long ago and lost it have no idea how. Then a week later applies for child support? What are the chances they will actually think i can pay anything else? My wife doesnt work , doesnt provide anything for my daughter. Im going to go to the interview and bring my insurance card , receipts etc. Will she be denied child support? If she is will this affect her child support amount in the future when the apartment lease ends?


#2

The child support agent will likely run a child support worksheet based on both parents’ incomes to determine a monthly child support obligation. Unfortunately the child support worksheet does not take into account the fact that you are paying for all your ex-wife’s living expenses. You could still be required to pay the child support obligation. At which point you would likely be unable to continue paying all the expenses that you are currently paying.

You should find out how/why she lost her job. If she quit or is unemployed in bad faith (i.e. for the purpose of increasing her child support amount from you), then income could be imputed to her which would be beneficial to you.


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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thanks for the reply, would my bills and receipts from the expenseoes from my daughter account for anything? The reason she lost her job apparently was that the manager wanted a fill time person but she lies about just about everything. They told me in the letter if we dont agree well have to go to court, making a consent order was my origonal plan but the apartment doesnt end till august 2019. If they suggest doing the child support now i dont see how it would benefit my daughter if i become financially unstable. Right now my ex is using loan momey to buy things for herself while im paying for everything my daughter needs


#4

The bills and expenses you have been paying would show that you are voluntarily paying child support. It’s possible that the two of you could agree to a support arrangement that would allow you to continue paying the expenses that you have been paying until the apartment lease expires and then revert to paying the child support amount as calculated by the child support worksheet.


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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.