Child support


#1

dieing to know this my self


#2

not a lawyer but no, on the child support calculators - including the one on this site. Only the parents’ income is factored in. Now, the ex can use the marriage as a reason for petitioning for modification of child support and what I’ve read is that if it goes to court the judges will sometimes consider the fact that a remarried parent will have an easier time with the higher child support amounts.


#3

I found this on this site under FAQs about child support. I am in the same situation myself (already married as of 3 weeks). Every official (Department of Social Services, Child Support) says that it is case specific. I have also sent a copy of an email response I received from child support officials of Columbus county about that question.

Are stepparents ever required to pay child support for their spouse’s child or children?
Stepparents may be responsible to pay child support for children that are not of their marriage, but the requirement to pay is dependant on the facts of the case. In the presence of a signed and notarized agreement to pay support, that contract will be enforceable. See Moyer v. Moyer 122 N.C. App. 723 (1996). If the stepparent takes the child into their home in such that he or she places him or herself ‘in loco parentis’ to the child, then the stepparent assumes an obligation that continues so long as the relationship lasts, even without adoption. This doesn’t require the stepparent to continue the support after a divorce, though, without a formalized agreement. Contributions of a third party may be used to support a deviation from the North Carolina Child Support Guidelines. This generally places a higher burden on the payee to prove the actual expenses as well as how much contribution is being made by the step-parent, but it is feasible. However, generally, a stepparent is not under an obligation to provide support for a minor child from a spouse’s previous marriage. Barker v. High 77 N.C. App. 227 (1985)

My question:

  1. Is the income of the spouse of a non-custodial parent paying child

support considered in calculating child support?

Her response:
We look at that spouse income if there is children involved as we would
have to give credit for the children in the home.


#4

I would add to the last post that the guidelines allow certain deductions from gross income. For example, the obligor may deduct the amount of child support payments made under a court order or separation agreement for other children. Additionally, the obligor may deduct the financial responsibility for any natural or adopted children residing with the obligor. This deduction is equal to one half of the basic child support obligation for the number of children who live with the party, based on the combined adjusted incomes of the people responsible for such children’s support.

Hope this answers your question.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#5

I am engaged to be married to a man that pays child support for 2 kids. Can my income be include to calulate how much money he pays for child support? Please advise…

Terri Manley