Child support question - factors in calculations


#1

I would run the child support calculator on this website and see. You can always agree to do a consent order and establish your own child support amount, as long as both parties agree it can be submitted as a court document without having to go through lawyers etc.


#2

There are guidelines and factors, along with links to other articles and child support tools here:

rosen.com/ppf/law/Children/rosen … ticles.asp

In general, both parents are obligated to “pay child support”. The difference is that most often one parent pays his/her portion of the support directly to the other parent (the custodial one) rather than using it directly on the children.

If you share custody after divorce but your children live with your ex wife more than they do you, then you will likely be giving your child support to her. If they live with you most of the time, she will likely be giving her support to you. Follow the link to the child support calculator rosen.com/calculators/child-supp … ulator.asp and play around with it. You will get a general feel for how it would work.

It is possible that based on your incomes, even if the children live with her more than you, that while you will still be required to give a child support check to her, your financial support obligation will be less than her own financial obligation to the children.

You will find on the support calculator that it is possible that if you are sharing an equal number of days/weeks with the children - literally an even 50/50 split, and your spouse makes $15K more than you, that you will not have to give anything at all to your ex-wife but she will have to give a small amount of support to you.

What is most important is that both parents fulfill their financial obligations to the children - even though it can be very humiliating to have to give your ex a check each month when you have the children fairly equally.


#3

Thanks for the comments so far on my question.

I think I’m mainly looking for some reassurance that I’m not getting ready to lose my shirt, especially given the equity that we’ve established over the previous 13 months.

SS


#4

You would need to run the child support guidelines to find out if you actually owe her child support, if you did owe her support you can be held liable for arrearages.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thanks for the replies thus far on this thread/question.

[?] A follow-up question:
Could my stbx be held liable for the arrearages as well if found to owe me?

A responses is appreciated in advance

Good day all -
[^]

SS


#6

Yes, if she makes more than you and will, in the end, pay child support to you then it’s possible that the court will hold her responsible for arrears for the last 13 months that she was not paying.

I do hope you have kept records of this stuff and make sure that any and all future fincial transactions are with check or keep receipts so that there is proof of what you are paying.

The best advice I can give you is this. Make sure that she knows the guidelines. Since she makes more money and you have equal custody she will pay you. If you do not want child support paid to you, you can sign an agreement stating this. Otherwise, it would be in her best interest not to push the issue.


#7

If your spouse had a child support obligation and she was not paying it, she could be found to have arrearages as well. If you are sharing the children and the expenses equally and she makes more than you, she could very well owe you child support.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

I have a question about how the calculations work for determining CS. My stbx earns about 15k more than I do a year, we share custody (very equitably now for the past 13 months since separation), and expenses (child care & ins.). Now that our divorce is looming she is claiming that I will owe her CS. How can this be if she has more income and we are (and have been) sharing all other expenses? Especially since our child has spent equal time with each of us (or VERY close to it).

A response would be appreciated as I do not understand how she thinks she can do this.

Thank you.