Child Support Modification

North Carolina Divorce Law Divorce and Separation Answers
1

My 2nd of three children became emancipated in June leaving me with only one minor child to pay child support for. I reached out to my ex months in advance to settle on an amount but was basically ignored. My motion to modify was delayed because my ex’s attorney never drafted the order from our previous hearing. Because of this delay, I was not able to get into court until November. I reduced her child support on my own but it’s still more than the NC state guideline. She hasn’t file a motion for contempt yet but if she does, what would be the point? I am still paying more than the guideline for one child and we have a hearing in November anyway. Her reduction will more than likely result in her owing me money. I truly believe she is delaying her reduction as long as she can.
My question is, what is my risk here? I have always paid on time but this is just not fair anymore.

She is also in breach of our contract where she pays the mortgage with the child support and alimony. She also has to have the house on the market. She has pulled it off the market and is renting it out! She is making income off it. This would be a breach of contract correct? Also, this should be income calculated into her child support amount right?

Thank you

2

Since your modification has not yet been granted, there is no guarantee that the payment will change, so you are risking being held in contempt for failure to pay under the current order.

I don’t know what the order/contract says with regards to the payment of the mortgage, but yes, it sounds like she is in breach of the portion where the house is supposed to be on the market. The child support guidelines include rental income as income, but I believe she would have an argument that it should not be considered income if there is no surplus after the mortgage and other expenses are paid.