Child Support: daycare is calculated. If non custodial parent has another child can the cost of daycare for that child be used in calculations. When another child is in the picture how much of a factor can this be when CS is determined? Do the courts factor in the other child, if so how much or do they not included them at all for CS?
If a non custodial parent is paying child support for another child pursuant to a court order, that support is factored in to the child support calculation.
Erin,
On my post I should have stated non custodial has a new child, how will that factor into what cs they will have to pay for if at all. They have the care of a new child and and can daycare expense be a factor for them also, since it is used for the other children for cs payment.
Also when the CS Agency is being used by CP and court date is set is this done at the local courts or somewhere else. The order just had court date but no judge name. NCP and attorney tried to come to agreement but CP filed with CS agency. Can NCP request to include the CS with the ED hearing since it is scheduled two weeks later? I don’t understand this when I get on the county website the docket shows cs, visitation, modify etc. etc. So I don’t understand why the Judges name was not on the CS court order letter. Do Judges hear these cases brought by CS Agency or somone else? NCP and attorney tried to get ED and CS amount adjusted to cover both issues, but CP I guess would rather spend the money they say they don’t have for ED on court//atty costs rather than the kids future.
Sorry to rant but it’s insane when CP quotes they have no money yet go to this expensive route just to get even (mother paying atty). Should NCP have their atty bring this up during ED hearing, that NCP was willing to let CP have eveything, just reduction in cs until amount of ED paid off.
NCP attorney stated they don’t like to go into court with CS Agency, are they this strict or what, to make an attorney say this?
One more, I am sorry, the CP got his attorney thru CS Agency for$25 fee my question do they help NCP by offering attorney at this cost?
I don’t think they would but need to ask, not fair for NCP to have pay over $200 an hour for attorney fees, should they go into hearing without attorney? NCP is willing to pay but hopes it will be fair amount that they can afford. What can NCP use to help offset the cs amount, they provide all clothing, food etc when in their care, they don’t have the 123 overnights, since this is a two state issue. The court ordered meeting halfway for visits, long and short. The CP said they were going to use this for CS amount, they make twice as much as NCP, can this happen?
Is pro bono offered for out of state people who are getting financially strapped facing courts in North Carolina?
Thanks and sorry for so many questions.
A parent’s financial responsibility for his or her children who live with that parent (other than the child for who support is being determined) is equal to the basic child support obligation for those children based on the parent’s income if the other parent of these children does not live with them (the parent and his or her other children); or one half of the basic child support obligation for these children based on the combined incomes of both parents.
The basic child support obligation is determined using the gross income and can be viewed by looking at the revised child support guidelines (2006).
Reasonable child care costs that are, or will be paid by a parent due to employment or job search are added to the basic obligation and are prorated between the parties based on their respective incomes.
I am having some trouble understanding your abbreviations but I will try my best to answer your questions.
Yes, judges hear child support cases.
Offers to settle cases are not admissible in court, so any offer to reduce child support by settling ED will not be presented in court.
Equitable Distribution and child support are not heard at the same time.
Erin,
Sorry if I didn’t write correctly. The Custodial Parent filed thru Child Support Agency for support. They will have an attorney at $25 filing fee.
Is this held at the local court house or at Child Support Office, the court filed paperwork didn’t have a court room or judge, just the county it was filed in. Go to Union County website, on this they have the dockets, and some have the child support, visitation and ED for one hearing, that’s why I asked why can’t this case be held as one? This county does combine them, it looks that way. Since Custodial Parent gets attorney thru child support agency, why can’t non custodial parents be offered help when they are willing to pay support, just help with getting it set? Is there any pro bono attorneys who help out of state people with this issue? Non custodial is paying 200 an hour for present attorney and funds are out.
Should non custodial try to settled with Child Support Agency instead of going to court? What should non custodial parent provide to agency to determine amount? W-2 forms, proof of new child, daycare for that child,
can one use student loan also?
Thank You Erin
Any hearings scheduled in this matter, for child support or otherwise will be in district court in the county where the action is pending.
If a hearing has been scheduled you should have received a notice of hearing which contains the time and location of the hearing. You should try and contact the clerk of court to determine when your hearing will take place and where.
I am not sure how they do their dockets in Union County, but I do know that in Cabarrus County the calendar lists all claims pending in the case each time it is set for any type of hearing.
I do not personally know of any attorneys who handle domestic matters (other than domestic violence) pro bono.
If you feel that the issue of child support can be settled there is no reason not to come to an agreement on this issue. You should turn over all evidence of your income from any source to the attorney representing your ex.