Thats why its so important to tell your attorney the truth because they can only calculate on what you present to them, they are not going to just go on what you say, so your fiance must have given his attorney documentation that coincides with the figures.
This needs an attorney’s response. He would still be responsible for child support even through the two months that he does not get a paycheck. It’s not a voluntary 2 months without pay, it’s part of the job. There’s not a whole lot of other jobs out there that have schedules like that but there are some. They may be able to use his annual income…because if they use the amount of his monthly check, they would have to pro-rate to cover the two months. Unless the court requires him to get empolyment for those two months, but I would think it would be difficult to find employment for two months making similar amount as a full time position.
Hopefully, an attorney will respond…I’ll be interested to know this myself.
How do you calculate support (not the normal way) when council is going to get my wife
Why would it not be “the normal way”?
The child support guidelines figure the mother and father’s incomes only, any prior child support obligations, insurance, day care fees, and other expenses for that child. You do not include your wife’s income into the calculations for the daughter that you have with your ex, and she does not include her husband’s income either. Run the calculator with your monthly income, your ex wife’s monthly income, any insurance either of you pay for the daughter, any child care cost and also include the number of overnights the daughter spends with each of you. That is how the child support works. Your wife and your ex’s husband are not paying child support, unless they have signed something saying that they are taking on the finacial obligations of you or your ex. Step-parents are not responsible for child support.
Agreed. BUT, they have not signed anything and for some “unknown” reason her Lawyer is requesting (already has) these doc’s for all 4 people. I can’t figure out why and it’s got me worried!
There’s no legal reason that I know of for an attorney during a custody, child support case to request income amounts from a stepparent. Hope an attorney answers…
Ok I found this on the home site:
Are stepparents ever required to pay child support for their spouse’s child or children?
Are stepparents ever required to pay child support for their spouse’s child or children?
Stepparents may be responsible to pay child support for children that are not of their marriage, but the requirement to pay is dependant on the facts of the case. In the presence of a signed and notarized agreement to pay support, that contract will be enforceable. See Moyer v. Moyer 122 N.C. App. 723 (1996). If the stepparent takes the child into their home in such that he or she places him or herself ‘in loco parentis’ to the child, then the stepparent assumes an obligation that continues so long as the relationship lasts, even without adoption. This doesn’t require the stepparent to continue the support after a divorce, though, without a formalized agreement. Contributions of a third party may be used to support a deviation from the North Carolina Child Support Guidelines. This generally places a higher burden on the payee to prove the actual expenses as well as how much contribution is being made by the step-parent, but it is feasible. However, generally, a stepparent is not under an obligation to provide support for a minor child from a spouse’s previous marriage. Barker v. High 77 N.C. App. 227 (1985)
I’m not sure that this applies but maybe that’s why you are being asked for your wife’s income also…
Hmm…that doesn’t appear to be the case since I’ve never heard of ‘in loco parentis’ and to the best of my knowlodge, “In the presence of a signed and notarized agreement to pay support, that contract will be enforceable” this has never been mentioned either. It could be that her lawyer is has “messed up”, who knows.
I’ve read just about all of the North Carolina Child Support Guidelines Section 50-13.4 Effective October 1, 2006 and cannot find anything except for the “deviation from the guidelines” section.
Child support is calculated based on the income of the two biological or adoptive parents for the minor children. The income of stepparents does not factor into the calculation for child support. However, if one of the biological parents remarries and has another child, the stepparents income and the fact that they have another child together, will impact the child support. In that case the attorney would be entitled to information about both parents. If there are no children other than the one that the parties modifying child support have in common, the stepparent’s income is not included.
Child support is calculated using a persons annual income pro-rated over a twelve month period. He would not multiply the monthly amount by twelve months. It would be a yearly amount.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
Ah Ha! I guess that answers it! Should I even ask where a calculator is that figures all of that out?
Thank you for your reply.
Glad I could help. You will find the calculator here:
rosen.com/calculators/child- … ulator.asp
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
My fiance and his ex are modifying child support. My fiance is a teacher and is a 10 month employee and receives a check for 10 months. His ex’s lawyer said that we use the amount that the check is for because he is voluntarily working 10 months instead of 12 which is not an accurate statement. Should the amount be pro rated or is her lawyer right on the amount used?