Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

Issue #1 - My oldest of three children turns 18 in January and graduates High School in June. As of right now and forseeable future, I pay my ex CS and Alimony directly as if it were being garnished. Do I need to file anything with the court before I stop paying support for my 18yr old son? How early can I file it if so.

Issue #2 - Originally, my CS was calculated with overtime and shift differential (15%) included in my W2. Overtime has been significantly reduced and I may be going to a first shift position. This will reduce my income greatly. Would this be enough reason to seek a modification and do you think a judge would likely reduce the amount of CS?

*I am planning on moving to MA due soon. How do i file motions with the court from out of state? This is my home state and I have also remarried a woman from MA. I may have to take a lower paying job to relocate. Would this also be enough reason to lower CS?

*My ex is court ordered to pay the mortgage and equity line with CS and Alimony. The mortgage is in my name only. When CS is reduced she may not be able to afford payments any longer. Can she let it forclose? The house was quitclaimed to her as part of the alimony settlement. Will the court make her sign it back to me if she cannot afford the house any longer? I do not want a forclosure on my credit report. I am really concerned because my son turns 18 and graduates in June 2011, then my daughter will follow in June of 2012 leaving just my youngest who is 9yrs old.

2

If your son is still in high school until June, child support will not be terminated until he graduates. You must file a motion to terminate support, I would suggest filing the same in Marc and set a hearing for June.

Child support can be modified if there is a 15% change in income and three years have passed since the entry of the last order. You may file your motions by mailing them to the clerk of court after you move.

With respect to the house, if your wife is ordered to make the payments on the mortgage, she can be held in contempt for not doing so.

3

So what if you lost your job and it hasn’t been three years since the last order was entered. A modification absolutely necessary at least unti you are emplyed again and even then, it may not be at the same rate of pay.

4

In the case of total loss of income, the court may hear a motion to modify.