Child Support


#1

Child support is not increased based on the increase in the standard of living. It is calculated based on income, insurance expenses, work-related child care costs, and any extraordinary expenses. It is modified in 3 year increments and a 15% change in income. I am not sure where DSS is coming from but the reason they are giving is incorrect. Cost of living is accounted for when the child support guidelines themselves are revised every four years.
As for your second question, if you ex is helping out around the dogs, she may not be receiving income, you can however subpoena the books from the business to see if she is being paid. A better route is to seek to have the court impute income to your ex based on what she is capable of earning.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#2

Back in OCtober, we received a letter from DSS stating that my husbands CS was being reveiwed. When the calculations were computed, it only showed an increase of 20.00, not enough to constitute the required 15% increase/decrease by guidelines to have it modified. We then received a letter stating that unless an extreme change of circumstances occured, based on the calculations, the cs wouldn’t be reviewed or modified for another 3 yrs. We have now received papers stating we have to go to court and have it reveiwed b/c they feel my husbands income has substantially increased and he could pay more. The case worker has set up an appointment for next friday and states that the ex has agreed and if he agrees, it would only increase to 375, still not the required 15%. The caseworker states that it has to increase because it hasn’t in 4 years and the cost of living has increased, so his cs should too. If it was done on the guidelines, how can they just “make it go up”???

Also, the ex has voluntarily quite her job, a yr ago. Her and her husband have a side business of bredding/selling dogs. She stays at home and helps with the breedings. I know we can have her income computed to what she could be making, espically since she has a degree and liscence to work (she is capable of making more than min. wage). My question is this: is there any way to show that she is receiving some/part/most of the income from the breedings?? They have sold approx. 13 dogs for 1500.00 a piece since August.

Thanks for your time.

Cassie