Child Support Recalculations


#1

Hello, the other parent has requested a modification of CS order. It has been 3 years so I understand that is something they may do. My question relates to how calculations are done. I’ve spoken with the CSE in the county, and was given what appears to be odd information.

I work FT job, salaried. I received bonus based on commissions. Other party works 2 PT jobs, but tells CSE they only work one job, as FT and only submitting one pay stub for one job.

I mentioned to the CSE agent this information, and they stated if they go and look at their income for both jobs, then they’ll have to consider my bonuses also. I don’t see how this would be right when 2 jobs for the other parent don’t equal 40 hours total… maybe 30 max.

Is CSE right in saying if they use 2 jobs for the other parent then the court could look at my bonuses that aren’t guaranteed? CSE agent said since my bonuses appear to be consistent for the last 2 years then the judge could use them as part of my salary. Not trying to hide anything at all, just trying to understand the process further.


#2

I can suggest you to go to an expert attorney,and discuss with him properly. I think he will give you good direction.
Thank you…


#3

Your bonuses and the other parent’s income from both jobs should be considered. This language comes directly from the North Carolina child support guidelines:

“Income” means a parent’s actual gross income from any source, including but not limited to income from employment or self-employment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.), ownership or operation of a business, partnership, or corporation, rental of property, retirement or pensions, interest, trusts, annuities,
capital gains, Social Security benefits, workers compensation benefits, unemployment insurance benefits, disability pay and insurance benefits, gifts, prizes and alimony or maintenance received from persons other than the parties to the instant action. When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support."