If the third child was born during your marriage then you will need to contest paternity in order to stop your child support obligation for the third child. If the judge ordered you to pay support for that child then you may have already been determined to be the father, in that case, there is nothing you can do to contest paternity unless the real biological father is willing to step forward.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Child was born 1 1/2 after divorce. Judge said third child takes away from her income, it makes her from her income making her income less tham mine- therefore I have to pay the extra.
You are not paying support for the third child based on the guidelines. The guidelines allow for a modification in support based on an obligation one parent may have to another child. I see your point, but the only way around this is to file a motion to modify child support along with a motion to deviate from the guidelines. However, it is unlikely you will be successful.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
mY EX AND i HAVE 2 KIDS UNDER 18 THAT LIVE WITH EX, sHE HAS ANOTHER CHILD FROM SOMEONE ELSE. ROWAN COUNTY COURTS ARE MAKEING ME PAY FOR 3 KIDS- EX REFUSES TO GO AFTER OTHER MAN FOR CHILD SUPPORT- WHY AM I HAVING TO PAY FOR SOMEONE ELSES KID? HOW IS THIS FAIR?