Military issues

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I are drafting our separation agreement and have a few issues unresolved.

  1. Child support calculation… His attorney told him its based off of W2 only and that by default excludes $2000 a month in none taxable allowances from the calculation. Is that correct?

  2. He has moved out as of aug 1,2012 into an apartment and wants to come and go as he pleases into our house without me here. Since he has physically moved out, can I restrict his access to only when I am here? Can I change the locks?

  3. We are in NC only due to the military and I work for a company in CO that allowed me to work remote until he retired with the expectation I would move back. I have been passed up for promotions in the last 9 years due to my remoteness and now hubby thinks I should have to stay in NC.

  4. If I am the primary physical custody parent receiving child support, isn’t it common to also take the income tax deductions.

Thanks

2

  1. It depends what those nontaxable allowances are and if they are considered income under the guidelines. Read the guidelines for guidance.

  2. Yes, you can change the locks.

  3. I’m not sure there is a question here.

  4. Yes.

3

First off thanks for responding:

  1. Military BAH for dependent housing - I am pretty sure I am reading the guidelines correctly that its included.

  2. thanks

  3. Sorry, for being incomplete. Is it common for a judge to put a restriction on the custodial parent and not the non-custodial parent? He will almost have to move for military purposes so I would think that would give me the same flexibility.

  4. Thanks

4

It is not common for a court order to anticipate moving by either party. This may be different for non-custodial military parents, but I have never seen a court order where a judge ordered that a custodial parent would be able to move without revisiting the issue.