Child support questions


#1

Dear M_wiseman:

Greetings. 1. Yes, child support is based on gross (before taxes) income and based on factual documents. It may be determined on someone’s capacity to earn funds though, if they are earning below their capacity in bad faith.

  1. Overnights is only for which worksheet you are on - A or B, not what type of custody you have.

  2. No, if you pay child support for another child, that goes in that spot. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I and my spouse from whom I am separated are trying to negotiate the amount he should pay for child support. We are in disagreement over a few issues.

  1. Is child support obligation based on actual average income, determined by factual documents such as paystubs or W2 forms? Or is it determined strictly from a determination of salary and an assumption of hours worked?

  2. What number of overnights determines whether one parent has sole physical custody or whether the parents share joint physical custody?

  3. On the child support obligation worksheet/calculator, there is a space for “financial obligation for other children.” If I receive child support for that other child or other children, do I have to subtract that support from my financial obligation number on the worksheet?

I have not yet obtained legal counsel and would very much like to get an answer to these issues. Thank you.