Household income or ex-spousal income for cs calcs


#1

Step-parents income is not figured into the child support calculator unless that step-parent has sign something specifically taking finacial responsibility for the child. Your income, your ex’s income, child care cost, insurance and previous child support commitments are the only thing figured into calculation. If either you or your ex’s income has changed more than 15% then you should file for modification of child support due to change of circumstances.
My husband pays his ex $500 per month for their two boys, pays her for carrying insurance and they have joint physical and legal custody with equal time. If they need something the week they are with us, like lunch money, we buy it or give it to them. Then next week they are with their mother and her live in boyfriend and they pay…supposedly. They also split the cost of copays or any cost that insurance doesn’t cover.
It would be nice if the one who received child support had to show proof of expenses along with income…but sadly it doesn’t matter what child support is spent on the same way child support doesn’t have to be filed as income…[V]


#2

Dear RalDad:

Greetings. Just the income of the ex spouse, unless the ex spouse is hiding income by paying some of his self employment income to his new spouse/members of his household. Her good fortune does not affect your child support unless her income goes up. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 but a full discussion with an attorney should be undertaken before taking any action.


#3

Hello,

In determining child support payments, is only the income of the ex spouse a consideration or is the household income to be part of the calculation?

My STBX separated over a year ago and I have been paying her child support according to the NC state guidelines, based on our equal custody and signficant discrepancy in wage income.

Now she has met a better-off fellow and moved in with him. They have both of their names on the deed to their new house, so it’s more than a ‘simple’ cohabitation. She now works part-time as a grocery store clerk.

What, if any, redress can be sought to rexamine the cs payments? Will/would it change if they married? (For that matter, what if I cohabitated/married – would my household income now become part of the calculation?)

Thanks,
RD