Child support modification question


#1

Hello, I have several questions but I will put them under different topics so that they are easier to answer and things dont get confusing.

My ex husband and I signed a custody agreement a few months ago after a drawn out back and forth between lawyers. We have joint physical and legal custody with us switching on a week to week basis. I just completed grad school and will be employed within a couple of months but due to school I have not been employed throughout the custody battle. He agreed to pay 1000 per month until I was graduated and certified to work and then we are supposed to recalculate the support. All of my savings have been expended on lawyers at this point and he has done everything possible to drain my finances. His lawyer sent me a new paystub and a NC child support worksheet a few days ago saying that he wants to reduce support now because he makes less. My issues with this are:
  1. The paystub doesn’t match the worksheet. He states that he will not be getting special pays this month but they are on the paystub he sent indicating that he is receiving them. he wants he to just take their word for it that they next one will be less.

  2. I used the calculator on this site to calculate what the new payment would be provided they can shoe he actually makes less and noticed that they are using the wrong worksheet. I looked at the order and they apparently slipped in there that the support will be based on worksheet C instead of the appropriate worksheet B. This ends up making the payment over $300 less than it should be. My lawyer apparently didn’t catch it.

I got my check today and it is for the reduced amount. Doesn’t he have to file something to get it reduced? Can he just opt to pay less without my signing something or taking it before a court?

In addition, what can I do about the use of the wrong worksheet? I feel like this was a very sneaky tactic. Do I need to file for a modification or go to the child support office?

Thank you in advance for replies!


#2

If you have a written agreement, he needs to pay the amount that is agreed upon until a modification has been entered. I would not advise to voluntarily modify the agreement based on his income changing without seeing actual proof. If he doesn’t pay the difference, you can seek assistance through the courts.z