Custody and financial issues

North Carolina Divorce Law Divorce and Separation Answers
1

First of all watch out for attorneys [;)]. To answer your question, I need to know what you are getting in child support. Use the child support calculator on our website to determine if he is paying what he is supposed to. My guess is he is under paying according to the North Carolina Child Support Guidelines and this is why you are having your financial difficulty.

In a proceeding to modify an existing order that is three years old or older, a difference of 15% or more between the amount of the existing order and the amount of child support resulting from application of the Guidelines based on the parents’ current incomes and circumstances shall be presumed to constitute a substantial change of circumstances warranting modification. If the order is less than three years old, this presumption does not apply.

If you don’t know about his ask him for his tax returns. With three kids, substantial ex-spouse income, you should be reasonably comfortable. If you are receiving everything you are entitled to and you are still struggling, then a court may, I stress may not must, consider this if the court is re-evaluating child custody. My guess is your husband is seriously under paying. If this is the case, tell him you are entitled to the correct amount or you will take him to court. If he blows you off, get an attorney and try to stick him with the legal fees. Good luck…

Richard “Bert” Diener
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 main fax
www.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 but a full discussion with an attorney should be undertaken before taking any action.

2

i am not sure whether to post this under legal or emotional issues, but here goes: my ex and i have joint custody of our 3 teenagers. i make at least a half of what he makes per year—one fourth if you count his investment portfolio. the child support he gives per month is the bare minimum----he bought our oldest child a car—and was told by myself that i could in no way assisit hime with this or her insurance. i do however give her about 40$ extra as month for gas $, and i also pay about 75$ a month towards her car insurance. yesterday morning, i got a call from the ex, saying that he was told by our children that i was unable to give our daughter the 20$ last week, and that he was tired of “paying for everything”—i told him that it was true, i did not have the extra $–at which point he stated" then maybe i need full custody of the children, since you don’t have the $." first of all, i am a nurse, and my income realistically will never match his—he is an attorney who is now a bankruptcy trustee----secondly, the children are now 14, 16, and 17—so my question is, could my ex be granted custody of the 3 children because my income is not as much as his? and can the children decide who they want to reside with?