I am not sure about this but it sounds like his ex is trying to get him to pay 739 per month and if that is what is in the order, then that is what he will have to pay. If the guidelines say that he is supposed to pay $638 per month using his monthly salary then he should be paying $638 per month. There are other factors that could make this amount increase but it would not be because his annual salary is only for 10 months. Hopefully an attorney will answer…
In the first paragraph it is going to say that the defendent, my fiance, is obligated to pay 739 and the next paragraph it is going to say that the parties have agreed upon 638 as the amount to be paid. Thing that I am concerned with is that 639 is what the amount should be no matter what. I want to know why 739 has to be put in there when that is not the correct amount that should be paid?
If your fiance and the mother of his child have agreed to deviate from the guideline, then the order needs to state that. Without having had a chance to review the order, my best guess is that they are agreeing to deviate from the guidelines.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Charlotte, NC 28262
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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 but a full discussion with an attorney should be undertaken before taking any action.
My fiance and his ex as modifiying the child support order. He only gets paid for 10 months and the child support should be 638. His ex said for legality reasons that in the order it has to say that he is obligated to pay 739. When the calculations are done his salary has to be pro rated because he only receives a check for 10 months. My question is, why in the consent order does 739 have to be put in when that is calculated using the amount on his check for 12 months, meaning he is making that amount of money for all 12 months. Is this accurate and if so why is that?