Child support


#1

You are correct. NC does not, in most cases, include the income of a second spouse in child support. I wish that were the case in my case though. Although I pay through the nose in child support, my ex does not have to do much of anything because she remarried to a man who had recently inherited nearly a million dollars. I pay and pay and she sits back and does very little now. she has no income to speak of, so I end up paying most, if not all of the support mandated according to the NC guidelines.


#2

historyman,
I understand that non-custodial parents should pay,in your case why is your ex not working? Don’t the courts look at this why they aren’t working to justify the amount non custodial pays? If she is able to work how can she get away with not working? I thought the courts looked at this, if they are able to work they should? Have you talked to attorney about this? Just because she has custody doesn’t mean she shouldn’t contribute financially for the children.
If she is able to work, can’t they factor that in even if she doesn’t to reduce your amount? My advice talk to a GOOD attorney and show how you contribute and have her financial record pulled, just hers not her new spouse, let her explain to the court how she can afford
to live the life style she lives. Hopefully the court might reduce what you pay. Check out the judges, ask how they rule on issues.
Good Luck


#3

If your ex remarries and has another child his new spouses income would be used for the purposes of determining child support.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#4
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]If your ex remarries and has another child his new spouses income would be used for the purposes of determining child support.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.



#5
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]If your ex remarries and has another child his new spouses income would be used for the purposes of determining child support.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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 support: so if non custodial parent remarries the new spouses income will be included to determine child support? The new spouse will be liable for child support for children that are not theirs? I don’t understand how this could be a factor. Is this in the child support guidlines? I would like to see the support law on this, where does one find this (law or code) in the guidlines? I thought the guidelines only included the parents income combined, not the spouses.
If custodial parent remarries, how does this affect child support, does it raise or lower when their new spouse works?
If one is a non custodial parent then they should not get married to keep from getting hit twice on child support, right?


#6

It is only a factor if one party remarries and has another child with their spouse. The additional child as well as the income of the other spouse impacts the child support however. It does not result in the step-parent paying support for their spouses child. The parent paying support will generally decrease the child support obligation, however if the step parent makes enough income to support the new child, the child support for the step children may not decrease.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#7

If non custodial parent remarries and has a child will the new spouses income be included to determine child support for other children? I have heard yes and no, please clarify this issue. If yes can they just live together to avoid this or would the court still include the other income regardless if married?
I have read that NC doesn’t include spouses income with child support amounts, I just want to make sure.

Thank You