Child Support Issue


#1

I’m just … speechless I guess at this point.

Did mediation in December. One of the conditions (not put into the order but I have it on one of the worksheets) for the agreement was that he would pay NC guideline child support. My atty drew up a letter and sent it to his attorney stating the amount and that he needed to start paying. He has given me a couple hundred dollars here and there I think maybe per month, if that, when the total that he SHOULD be paying is THREE TIMES that.

So we have court scheduled for 2/2. My atty sent a note to his atty asking why this can’t be settled when he has already agreed to pay. She returns a note stating that it was because they never received my bank statements for the past three months as required. I told my atty he DID receive them because they were in the HUGE stack of papers required for the financial affidavit but I forwarded them to him YET AGAIN. The STBX did NOT send his three months of bank statements nor did he give any information regarding his 401k … but this doesn’t matter as far as I’m concerned because this has NOTHING to do with child support… at least that’s what I was told. If we go to court next week, a judge isn’t going to say “I need to see your last three months of bank statements”.

So, is this a requirement to settle child support or are they simply using a stall tactic to not pay me the child support that he has already agreed to and that he will inevitably have to pay anyway? Can he use anything in my bank statements to try and get the child support lowered? I barely make ends meet now! My parents help out but they shouldn’t have to! I don’t understand why I’m having to FIGHT to have support paid for his children when he agreed to pay it.

As you can tell, I’m just a tad frustrated. Thanks for the help.


#2

Since he never actually executed an agreement the hearing can go forward, and you will have to have produced all the necessary documents to the other side.


#3

They’ve already been produced… TWICE at this point. However, he has not produced his.

So, can you tell me what EXACTLY I can expect to happen at this hearing because my own attorney certainly won’t give me any indication of what is to transpire that day despite numerous calls and emails to his office.

Thank you.


#4

Each side will present their evidence (income, daycare costs, and insurance costs) to the judge. The judge will then run the numbers and issue an order of support.


#5

I doubt the judge will run the numbers. S/he will probably rely on the attorneys. CHECK THIER WORK if you can. My ex-wife’s attorney has never done the form correctly.

You will need your bank statements. YOu are receiving money from your mother and that is income. It is should be factored into the child support calculation. (Sorry, but there is case law on that, at least if it is rent.)


#6

Jim**** can you provide further information on this case law? I have been searching for this type of information but have not been able to find any.


#7

Case law research is beyond the scope of this forum.


#8

Has description of what the state says constitutes income:

https://nddhacts01.dhhs.state.nc.us/GuideLines.jsp#AssumptionsandExpenses

Easter v Easter specifically states that contributions from a 3rd party may be considered when determining child support amounts.

There’s another case out there that I can’t seem to find at the moment where a woman lived in a house owned by her parents and didn’t have to pay rent. It was determined by the courts that the rent was a reoccurring “gift” from the parents, and therefore the fair market rental value of the property was figured as income in the child support calculations.


#9

My parents don’t “hand me money” nor do they pay any of my bills. They do pay for hot lunches for the girls, they provide daycare for the girls after school so that I don’t have to pay any child care expenses, etc. However, that also means that child care expenses don’t factor in to the child support. My attorney informed me that they take both our incomes, child care costs, insurance costs and run the numbers. If they use the child care calculator, other factors are not taken into consideration. Additionally the STBX stipulated that he would pay NC guideline support based upon the calculator alone and the terms of the mediation were based upon those stipulations. Of course, he has found his way around that by getting fired (he was notified in July of last year that he was on probation for not making his quota). Additionally, he is pulling money out of his 401k as fast as he can and we haven’t had equitable distribution yet. By the time that comes around, there will be nothing to divide. And as usual, he gets off scott free and gets out of the responsibility of taking care of his children as usual.


#10

Oh … by the way … he was fired two days before child support court so they are not forcing an order right now because he doesn’t know what his income will be (which means as usual, no support paid in this direction). If he DOES manage to get unemployment, that will be minimal at best and he can drag that out for a year.

I really shouldn’t be surprised. This is exactly how he operates.