Custodial parent relocation to NC

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Outofstatedad:

Greetings. Here are the answers you were looking for:

  1. You pay child support on your income before taxes. The court does not discount your obligation because you also pay taxes on the income. Sorry.

  2. Depending on the size of the return, and if they are wise enough to catch it, it would be included in your gross income.

  3. Yes, but once again that is if they are wise enough to know it is income and to include it. Also, they would need to figure out how much this benefit is really worth.

  4. Yes, you can claim the child care expenses in the worksheet for when the children visit you, but I doubt you can claim them on the tax return (check with a tax attorney on this). It actually works out better for you though if your spouse pays this sum and you then get the tax break (which the calculator automatically computes).

  5. I don’t quite understand this question…but, if your wife pays the transportation expenses she can claim them as extraordinary expenses on the child support calculator and make you pay for a portion of them.

  6. Generally, you will need to travel to North Carolina. If you already have a court action in your home state, you may want to oppose the transfer of jurisdiction though. As always, I advise you to see an attorney in the state where you live about your legal rights there. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

2

My ex is relocating to NC and I had some general questions.

  1. When you use your calculator for child support it asks for gross income. Does the calculator deduct taxes or are you to do that before entering “gross” numbers?
  2. Does NC add/subtract tax return amounts?
  3. Does NC add in non cash benefits such as a company car?
  4. Can I claim 100% of the child care related expenses when the children visit me since I cannot claim the tax credit?
  5. If she agrees in her current state to pay transportation expenses to defray the costs to me, can she claim them as an exemption for NC child support? Is there anyway to stop this if she can?
  6. Does Wake county allow for telephone testimony or will I always need to travel to NC if there is a legal problem?

I thank you in advance for your help.