Child suppport/New Spouse


#1

Your income will not be used to calculate child support and does not need to disclosed unless you and your Husband have a child together. In that case child support will be recalculated and your income will be utilized in the calculation.

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

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

Thanks for the response. To give some background to my situation, I am
currently 8+ months pregnant
, and my spouses ex-wife is taking him to court for modification of child support as she is seeking more money on the grounds that he is
trying to start up a part time business (actually lost money this yr)
I make more money then she or my husband and she has been very spiteful through out our relationship, putting their child in the middle of some very nasty verbal confrontations. She also makes it very difficult for my husband to see his child as there exists no formal agreement. Of the record, they did agree that he was to have his child tu/thu and every other weekend. This has occured maybe 60% of the time, depending on her mood.
Yet, she has already indicated that she will deny that my husband ever has any overnights with his child in order to increase his child support payments.

My questions:

  1. During this court hearing, can we include the fact that we will be having a recnet addition to our family and have that taken into consideration, or do we have to file another motion after the birth? And does the fact that I make a lot more money than my husband cause his child support payment to increase rather than decrease even though we have a child together?

  2. What can we do to prove that my husband does get overnight visits with his son. I feel like this will end up being a he said she said, and the courts may favor her as she is the primary custodian.

Sorry for the length of this email. All responses welcome.


#3

I can’t help you with the child support question but as far as proving overnights take pictures!

Digital cameras are wonderful things. You can set it up to put the date/time on the picture. Print the pictures out and voila! If the ex tries to argue that the photos have been doctored present the memory card as evidence. The date the photo was taken can’t be altered, as far as I know, which would prove the authenticity of the photos. I would also take videos and give the date/time.


#4

You can also record phone conversations. In NC it is legal to record a telephone conversation as long as one party is aware. This can be used in court. Have your husband discuss this overnight issue and get it on record.


#5

Thanks for all the responses.

Another question - If the ex of my husband takes him to court to modify child support, and I am a 2 weeks shy of delivering a child (which I have learned can affect his payment), will the judge grant a temporary ruling so that we can recalculate the CS payment after the child is born?

Or will he take that into consideration now, even though the child is not yet born?

Or will we have to wait another 3 yrs before we can modify child support?

THanks!


#6

don’t know about timing of court and pregnancy but do know that you don’t have to wait 3 yrs to modify support. You can file to modify any time you believe that the changes will be 15% or more.


#7

I do not know if child support will increase or decrease when you have another child. The calculator is available on our website, the best way to determine if this will increase is to run the calculator on our website.

If you are going to be within two weeks of your due date, you can file a motion to continue the child support hearing on that grounds. It is likely the court will grant it to avoid wasting the courts time with another hearing soon after the baby is born.

In order to prove overnights, you should gather as much anecdotal evidence as you can, for instances, how many times has he dropped his child off at school, do you keep a calendar, etc.

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.


#8

My husband is currently paying child support for one child from a prior marriage. My question is two fold:

  1. Does my salary need to be disclosed in terms of future adjustments in his child support? Could it increase because of my additional income?

  2. How will having children between us affect his child support?

Thank you.