Child Support


#1

Non custodial parent: had child with and lives with partner (not married)
The child support is being worked on for other children. Attorney wants the partner’s income, along with non custodial information. I thought that a new spouse or partner income was not used when determining child support. Am I correct on this? I thought I read several times that a new spouse or partner income was not used to calculate child support. If this is not to be how do we tell the attorney this is not right?


#2

You are correct in that a partner or new spouse’s income is not included in calculating child support. Since this is just a request by an attorney and not a court order or subpoena, you can simply respond by saying that the information requested will not be supplied. If the issue is pressed then ask the attorney to present you with the NC statute stating why this information is necessary.


#3

If there are other children involved (between the partner and the ex) her income is a factor for purposes of determining how much credit your ex will get for what portion of his income is attributable to the other child.


#4

Erin correct me if I’m wrong, but if the partner’s income is included along with the child they have together, will that not decrease the amount of support that he may be responsible for? I mean if the partner’s income is included, then the other child will have to be included in the calculations as well…


#5

If the ex and a new partner have a child, their incomes are used to calculate the child support obligation for that child. One half of the basic obligation is subtracted from the ex’s gross income for purposes of calculating child support for that person’s other children not living with them.