Child Support Issues

  1. You can use our child support calculator to calculate the amount.

  2. Overtime can be included in gross income.

  3. There is no set percentage that justifies a modification. It is in the discretion of the court.

  4. All income can be included.

  5. A new spouse’s income is not included in the worksheet calculation

  6. At any time either parent may ask a court to modify or grant visitation.

  7. Grandparents are not granted visitation rights unless they intervene at the time that the initial custody determination was made.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.

  1. Under the “Child Support Guidelines” page, I understand the combined gross monthly income part (income of both myself and my spouse/ex-spouse); however, are the amounts under the child headings (i.e. One Child, Two Children, etc.) the amount of child support that each parent is responsible for, or only the parent paying the child support. In other words, with a combined gross monthly income of 4200, 46 percent of which is mine, and two children, would I be expected to pay 999 per month, or would I be responsible for 46 percent of the 999 (i.e. 459.54 per month) ?

  2. In determining the combined gross monthly income amounts, would that be a straight forty hour work week, or would overtime amounts be included ? And if so, what percentage or average of overtime ?

  3. Now that the court has established a child support amount, the law states that my ex can ask the court to modify this child support payment if circumstances change “drastically” (I believe that was the terminology). What exactly would “drastically” be ? An increase of 5 %, 10 %, 20 %, or what ?

  4. Can income from a second (or third) job be included in these calculations ?

  5. If I should re-marry (heaven forbid), will my new spouse’s income be subject to child support (assuming that she has no obligations already) ?

  6. If two people (husband and wife) were granted an unconditional absolute divorce in the state of N.C. or or about 1 Nov 2004, and the wife was granted uncontested custody of the children at the same time, does the father (non-custodial parent) have any visitation rights ? The official document from the courthouse makes no mention of any visitation rights. Can I take my former wife to court after the fact (i.e. now) for visitation rights ?

  7. Lastly, can the grandparents of the children (whether they are the custodial parent’s or non-custodial parent’s) be denied visitation rights by the custodial parent (especially without due cause) or just by the court ?

I want to both thank you in advance for answering these questions and apologize for there being so many. When my wife left two years ago, we were barely “getting by” then, when it came time for the divorce, I couldn’t even begin to afford legal counsel, so I figure I probably “got taken to the cleaners” in many ways. In my ex’s opinion, I should now pay for her “new life” in the form of child support (which she may or may not spend on my children), see them when she deems it “absolutely necessary” and doesn’t interfere with school, church activities, friends, her relatives, etc., and since I only pay child support in the amount that the court ordered instead of an additional amount, that I don’t actually pay child support, and therefore I am not entitled to see my children.

Hopefully, these questions will answer many people’s questions…

Thanks again,

Stan Graham