Live out of state have question on guidelines


#1

Dear cajunjarhead:

Greetings. First, no you are incorrect on how you determine the value of the child support. I have copied the appropriate language below for the issue you are working on from the child support guidelines:

A parent’s financial responsibility for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is deducted from the parent’s gross income. Use of this deduction is appropriate when a child support order is entered or modified, but may not be the sole basis for modifying an existing order.

A parent’s financial responsibility for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is (a) equal to the basic child support obligation for these children based on the parent’s income if the other parent of these children does not live with the parent and children; (b) one-half of the basic child support obligation for these children based on the combined incomes of both of the parents of these children if the other parent of these children lives with the parent and children.

Now, once you determine the amount for the child living with you in the above format, on our calculator you place that amount in section 1(b) on the calculator in your column. I hope that helps

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Janet,

Appreciate the reply, makes more sense, but being somewhat dense: I request to clarify.

a) current wife & I have son in PA; we all reside in same household
b) children I pay support for live in NC with their mother.

Since my current wife & I, along with our son live in same household, what is the consideration? Do I understand your reply para (a) to indicate I use basic support guideline for one child, and deduct this amount from my gross to determine, support for my other two children, who I pay support for?

Please advise.

thanks,

Thanks, SRH


#3

Dear cajunjarhead:

Greetings. Yes, I believe that is the correct analysis, if I am reading your post correctly. Our guidelines are not easy, but they tend to work rather well. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#4

My divorce/initial child support agreements were decreed in North Carolina. I now live in PA, former spouse wishes a review. My questions

a) I pay support for two children
b) I now have a child from my current marriage

Question: How do I determine the expected amount…from the Support Guidelines, do I take my monthly gross-3 children, and divide this support amount number by 3 to determine what my responsbility should be for the two?

Appreciate your response, I want to do the right thing, but would also want it fair & equitable for both parties.

Thanks, SRH