Child Support Recalculation


#1

My husband has 2 children w/ his ex-wife, 6 & 12. We moved from NJ to NC in 2006 b/c she was moving w/ the kids. Then she sued us for child support, custody, and some other unrelated issues. This occurred in Alamance County.

At the time, my husband was a 1099 subcontractor. We were required to provide bank statements, pay stubs, deductions, tax filing etc. It was a year-long process to establish child support in NC and very ugly. Mediation did not pacify her and was a wasted amount of time. The lawyers fees were over $20,000. The court order was established in July 2008.

He was the sole breadwinner for our house from July 2007 until September 2010 b/c I couldn’t acquire steady, gainful employment.

Now we are up for a recalculation this year. My husband now has been employed by a company since August 2008 and hasn’t been 1099 since then. He pays $536 a month in CS, 1/2 the daycare (ex-wife’s school provides afterschool care the 6 yr old, the 12 yr old and goes to Gma/Gpa’s house), no health ins. b/c she gets it through her work (she’s a teacher) and 1/2 the summer camp b/c it was considered “daycare”. Last year there was no summer camp b/c she couldn’t afford it.

She makes 1,000+ more a month than my husband, has tenure at her school, and up until this November when she started renting a house, lived with her parents since 2006-so now we can't even bring it up in court she was receiving to put a roof over the childrens’ heads for 3 years but living w/ her folks. She has a 401k and bank accounts in the children’s names as well as her own. My husband has no 401k/IRA, the house is in my name, no stocks, bonds, etc., and we only share one bank account. Everything else is in my name, but we rely on his income to pay the mortgage and bills. My husband has only received profit-sharing from work since November (?), but it’s only been about $80 or so.

What are we looking at w/ the revised Guidelines? Is this recalculation going to be a long, drawn-out process again? What do we need (documents, etc) to prepare? We are not getting a lawyer this time b/c we can’t afford it. We can only afford the current amount of CS and just pay our mortgage and bills. I’m just terrified that his amount will go up and we won’t be able to take care of ourselves, while the ex can go to DisneyWorld every year as she has for 4 years on our money.
Please advise-Thank you!


#2

The recalculation will involve a determination of each party’s current income, medical insurance costs, and daycare. The process will only be drawn out if the amounts are in question.