Miscalculation of child support worksheet by hired Attorneys


#1

Hello,
If anyones can give me answer’s and/or adviced here I would be forever grateful. My husband has to be in court in Stanley County,NC on Jan.18, 2010 for the issue of Modification of a Temporary Child Support Order. The issues with this are as follows: (a) The Child Support Guidelines were not used to calculate the support payment owed by either (parties) Attorney, althought it was told to my husband that they were. The attorney that was hired for my husband used the Child Support Form that is offered here on this site. The worksheet that is attached to the Temporary Order shows that the information listed has been put in as him being the the parent seeking support: gross income, insurance premiums and so forth…then as for the other parties income (the mother of the child) they have “My” income listed, and did not give any credit for my 3 childrenthat live with us. My husband was told that this was done because the mother of the child was not working and that because we are married my income must also be used. That althought my income was to be used He/We could not claim my children as “Other Children” because he wasn’t there father and/or that I received support for two of them from their father. Allow me to state also the fact that, the childs mother has also Remarried and was, at the time this wooksheet was done, but nowhere in the worksheet was any income inclued from her husbands job.
How can this all be Legal? How can my income be used to figure a support payment for a child that I did not birth, or much less as her income? Can someone please Help me with this? I was unaware that this had been done and my husband had no clue that this wasn’t how a worksheet was done. He was going by what his attorney told him it had to be. This has been like this now for 6 months and I just found out what was on the sheet after looking at it for the upcoming court date. Any advice would help, Thank you in advance.
Very Turely Yours, Shannon


#2

The calculation is absolutely incorrect. Your income is irrelevant and should not be used. The proper way to determine child support in this case is to input the mother and father’s income and any insurance costs and/or day care costs for the child for whom support is being determined into the worksheet.

Your children will not be accounted for as your husband is not the father.

You will need to let the court know of the error, and evidence will need to be presented as to what the parties’ income’s are, without accounting for the income of anyone else.