Child support/remarriage


#1

not a lawyer but your new husband’s income is NOT taken into account…


#2

“Deviation” in the context of child support means a departure from the amount of support called for by the presumptive North Carolina Child Support Guidelines.

Either party may request a deviation from the Guidelines. In addition, the court may, upon its own initiative, decide to deviate. If either party requests a deviation or the court decides to deviate, the court must follow a well-defined four step process. Even if the court ultimately decides to not deviate, the four-step process still must be followed. See Spicer v. Spicer (2005, NC COA) at aoc.state.nc.us/www/public/c … 1197-1.htm for a recent description of the four step process.

You ask if your new husband’s income may be considered when determining your ex-husband’s child support. In most cases, the answer is “no.” This applies as long as you are financially supporting your child/children commensurate with your ability to provide support. It also typically applies to both Guidelines and non-Guidelines cases.

If you are not providing support as per your ability to do so, the situation becomes a bit murkier. Both parents have a primary obligation to financially support their children. The judge would then have to sort everything out and hopefully issue a ruling that ensures the children are receiving the full amount of support to which they are entitled.


#3

Thank you for the reply, Wake Dad. Are you an attorney? If so, what about the 2nd part of my question - about ethical behavior and harassment? Just because my ex is a lawyer, does that give him the right to continually bully me and threaten to take me back to court? And by him offering to raise my child support if I were to sign a consent order giving him joint legal custody, is that bribery and unethical behavior on his part?

Thanks again.


#4

Have you recently changed jobs or your salary changed? What grounds does he have, just you getting married are not grounds I don’t think. And with him being a lawyer, how does he get by with just paying $600 a month? My husband has to pay that and carry all the insurance and he’s far from being a lawyer…I think your ex is just trying to scare you…my husbands ex wants more money and she was laid off 3 yrs ago, didn’t work for about 2 and now just works part time and makes less than 10K a year…the job she was laid off from paid her around 30K…we are going to file a deviation on the grounds that she is “under-employed”, if she tries to modify the child care…her current husband works 3 jobs and one of those jobs they run together…and they left today going to Disney World…doesn’t sound like she’s hurting too bad to me…I hope he will leave you alone and just pay for his kid, but I don’t think for a lawyer that he pays enough…tell him that…ha!

Fed up with ex in NC!!!


#5

Dear hicksfan:

Greetings. No, your new spouse’s income is not a factor for child support. Only your income and the income of the child’s are factors, unless you are not working and the income of your new husband is your sole support and you are not working because of it.

Yes, anyone can threaten legal action. You must just learn to ignore him until you get papers. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#6

Thank you, Ms. Fritts and Gordona.


#7

You are welcome.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#8

Sorry to hear that you ex is intimidating you. I have to go through the same thing. I would atleast get a consult with an attorney. That way you could get some straight forward advice and be able to mention an attorney’s name when you speak with your ex.

It would be very interesting to see him, as an attorney, to go before a judge to try to have his child support lowered.

Hang in there.


#9

Hi. Can my ex-husband successfully have his child support reduced based on my new husband’s level of income? He said something about a “deviation hearing” in which more than just my income and his (the ex-husband’s) income will be looked at. I told him that according to my understanding of the NC Child Support Guidelines that a step-parent’s income is not taken into consideration, but he claims that a step-parent’s income can and should be taken into consideration. What does “deviation” mean in this instance?

Also, is it ethical for someone who is an attorney to use his status to continually threaten to take the ex-spouse back to court? This has been going on for 3 years! It feels like he is being a bully and continually trying to intimidate me, just because he is a lawyer and knows the law and I don’t. He can represent himself, every time he threatens to go back to court, but knows that I will have to retain counsel, which will cost a lot of money. He has even tried to bribe me, by saying that he will raise his child support from $643/month to $750/month if I will agree to sign a consent order giving him joint legal custody (he just has visitation privileges and I have custody, physical and legal). When I asked him if that kind of behavior is “ethical”, he insists that it is. What do you think? I am currently expecting my 2nd child and I am so tired of the constant battling with my ex-spouse, the continual threats to go back to court, and the constant demands of what he wants next (such as the joint legal custody thing). Do I have a valid claim for harrassment?

Thanks so much!

Darla McGuire