Greetings. His income before alimony would be considered for the child support. I would recommend that you go to the NC Child Support Agency and get this set up immediately. Best of luck.
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
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.
Does a court order for child support from me allow him to modify the amount of alimony he pays to his wife? Are there any general guidelines as to how much of his income he should be allowed to retain in order to support himself, given the competing interests? I am not trying to run him into the ground - I want to work out something that is fair and reasonable to everyone.
Greetings. Generally no, child support modifications will not allow for modifications in alimony amounts, but that also depends on what document alimony is paid pursuant to. He could always ask for a deviation from the child support guidelines if an alimony payment would force him to be unable to pay the child support amount. 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
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.
The father of my 1 year old has been legally separated for 3 years, but he is not divorced. We have no written agreement in regards to custody or child support, but the child lives with me and Dad has his own place of residence. By verbal agreement, he currently pays me half of our child’s daycare expenses and occasionally contributes to groceries and other misc. expenses. He has a separation agreement in place that provides alimony for his wife. If I were to seek court-ordered child support from Dad, which income would be included to determine the amount of child support owed - his alone after alimony, his total before alimony, or his and her’s total combined income?