my stbx is paying court ordered child support through the dhss . he has had a girlfriend since we separated last year and he plans to marry once we are divorced. i know he is already trying to have a child with his paramore, and he seems to be under the impression that if he does have a child with her that my child support payments will be lowered.
i would also like to note that i agreed to $125 less per month than the guidelines stated because it would have taken several months to get a court date.
since i agreed to this, can it be changed if no circumstances have changed?
The birth of another child is a substantial change in circumstances warranting a recalculation of the child support guidelines.
Actually the NC Guidelines state the birth of a child may NOT be the sole basis for modifying an existing Order (see portion below). In my case, NCP attempted to modify based on birth of a new child and it was DENIED - just a couple of months ago.
Pre-existing Child Support Obligations And Responsibility For Other Children
Current Child support payments actually made by a parent under any pre-existing court order, separation agreement or voluntary support arrangement are deducted from the parent’s gross income. Payments on arrearages are not deducted. The court may consider a voluntary support arrangement as a pre-existing child support obligation when the supporting parent has consistently paid child support for a reasonable and extended period of time. A pre-existing support order is one that is in effect at the time a child support order in the pending action is entered or modified, regardless of whether the child or children for whom support is being paid were born before or after the child or children for whom support is being determined. The fact that a parent pays child support for two or more families under two or more child support orders, separation agreements, or voluntary support arrangements may be considered as a factor warranting deviation from the child support guidelines. When establishing, reviewing, or modifying a child support order, the court shall consider during the same session of court if possible, all other requests to establish, review, or modify any other support order involving the same non-custodial parent.
Actual payments of alimony are not deducted from gross income but may be considered as a factor to vary from the final presumptive child support obligation.
A parent’s financial responsibility (as determined below) for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is deducted from the parent’s gross income. Use of this deduction is appropriate when a child support order is entered or modified, but may not be the sole basis for modifying an existing order.
A parent’s financial responsibility for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is equal to the basic child support obligation for these children based on the parent’s income.
RPH,
Thanks for the correction. While it can be a reason for a change in calculation, it cannot be the sole reason.