Child Support

North Carolina Divorce Law Divorce and Separation Answers
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I have been divorced for over 9 years and pay child support to my ex wife. Two years ago she obtained a new job making a significant amount more than her previous job. I have been trying to renegotiate with her based on my current monthly salary less bonuses and funds I have to pull from 401k with a penalty each month in order to pay her what is owed. She is refusing to share her current salary and wants 3 years worth of my W2’s and my 1099 ,forms while she provides nothing. My understanding is that child support is based on your monthly salary only, am I correct. If she continues to refuse to provide her current monthly salary I have a ball park idea as to how much she makes can I begin to pay that amount? I pay for the medical insurance for our two children and we spilt all other expenses. Thank you for your guidance.

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Joined: Fri Mar 21, 2014 3:15 pm
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Child support is based on both parties’ entire income, including, but not limited to, monthly salary and bonuses.

If your child support obligation is based on an agreement, you are contractually bound to pay the amount in the agreement until you either make a modification or get a new court order. If you do not, you could be sued for breach of contract which may include an award of attorney’s fees, depending on the terms of your agreement. If the obligation is in a court order, you are equally responsible for making the same payment until a new court order, or you can be held in contempt, which could include payment of attorney’s fees and jail time.

You should file for a motion to modify child support or a new claim for child support, and force her to produce information as a part of the discovery process.