Child Support


#1

Dear m1garand:

Greetings.

  1. Pro rata generally means in the same percentage as the child support guidelines calls them to pay for things.

  2. This is a great question (and I will look it up tomorrow, but tonight I cannot remember the answer).

  3. That depends on what your court order or separation agreement says. The language will dictate the same.

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

10925 David Taylor Drive, Suite 100
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.


#2

Thanks for your reply. I look forward to your response to item 2

Regards


#3

Dear m1garand:

Greetings. The alimony should decrease the gross income of the payor and increase the gross income of the payee. Sometimes, the alimony is not considered. This can be a negotiating issue. 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

10925 David Taylor Drive, Suite 100
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.


#4

Thanks for your reply Janet.

Since the inclusion of alimony in the Child support calulation was not negotiated or mentioned in the seperation agreement can I assume that it is standard/correct to use the alimony amount to reduce my income or increase the others income when using the NC state formula?

This is very important since I am paying a great deal of alimony.
I want to support my children but the financial strain of alimony and child support is almost putting me in bankruptcy. Please note that the alimony was voluntarily agreed to but I assumed it would be reflected in the child support calculation.

Thanks again for your help.


#5

Dear m1garand:

Greetings. That is how I would proceed in the negotiations on setting Child Support with your spouse. 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

10925 David Taylor Drive, Suite 100
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

Thanks in advance for you help.
My seperation agreement has recently raised some questions re> Chold support.

1.How is “pro-rata” defined whrn talking about shared expenses for the children. i.e. the parents will pay a pro-rata share of uncovered medical expenses. Is this based on the child support calculation?

  1. We are in our third year of our seperation agreement and child support is re-calculated every year. Does the alimony paid reduce the income of the payor or increase the income of the payee for calulation purposes?

  2. My child is on a competitive cheer team and has now joined a competitive dance team. These are very expensive activities and beyond what I can afford without seriously hurting financially.
    Am I obligated to pay 1/2 or a pro-rata share of these expenses?

Thanks for your service, this is a great way to answer those little nagging questions and save a lot of time.

Regards