Child Support Question

North Carolina Divorce Law Divorce and Separation Answers
1

Hey,

we have a complicated situation. I have a 9 month old child with a woman I never married. We signed a child custoday agreement when he was 7 months old that gave me 104 overnights a year and when he is one that goes up to 130. We are clear on the amount of child support I pay in November that is not up for debate but currently I pay $350 as this is what I calculated but she calculated almost double that. The difference is I count the days I looked after our son while she was in hospital and incapacatated - bringing my overnights for his first year to 126 (as long as nothing changes between now and November).

Another fly in this ointment is that when we were together there were a lot of nights that we spent together at either mine or hers, do those count towards anything? What is the overnights per year based on? Birthday to birthday or calendar year?

Thanks in advance

Patrick

2

The overnights are based on the calendar year.

3

So it is projected I would have him 110 days this calendar year, when we do the calculation can I add the 13 extra days I have kept him while she was in hospital to make the number of days 123

4

It is based on the number of overnights in the custodial schedule moving forward, not on situations that come up occasionally, such as when you care for the children when the other parent was in the hospital.

5

So moving forward it will be based on the November schedule (130 overnights a year), what do we base the current payment on - the 110 days? If she goes to child support what will they base it on?

6

It will be based on the schedule set forth in your agreement or court order.