Modification of Child Support


#1

Your spouses income has nothing to do with CS calucations and her’s will not either. I’m not sure about the rest of it but I can say that it seems like fraud is going on if you have the children covered under your insurance policy and your ex is using the states program for insurance. I would definately bring that up in court. I also doubt she qualifies for the free lunch program at school as well and is probably lying on those forms. I do not qualify because of the child support I receive, it has to be put on the form for free lunch. At best, I qualified for reduced and now that i’m remarried, I do not because it is household income they go off of.

You should use the child support calulator and input your income and what you believe your ex might be making. NOt her husband’s income though, just her’s.

You will get a credit for insurance paid even though it comes out of your wife’s check. there is a place for that on the worksheet, this site provides the calculator.


#2

If you and your new wife have a child together then her income can be included but you would also put that child into the calculation. The same is true for your ex and her husband. Basically, you would put your biological children and her biological children in the calculation along with the income of all four parents. The stepchildren…I’m not sure about. You would need to ask an attorney on that one.
Yes save ever receipt that you have. I’m not certain if they take into account living expenses, but write down when you took them where and paid for what. Get copies of insurance statements, EOB’s, anything to show proof of private insurance. Bring up the Medicaid in court…because that is illegal if she is not using the private insurance as primary. If you have bought them clothes, keep the receipt. Document, document, document. Get a calendar from last year and write down everything you can remember. Any communcation to the ex, make sure is either recorded or in writing (e-mail).

You do not HAVE to report changes. Who does your ex think you should have reported changes to? What changes is she alleging have not been reported? Child support can be modified every 3 years through the state and/or if there is a significant change of lifestyle or income (15%).


#3

The previous post has some incorrect information. The state will not look at the spouses’ incomes UMLESS there are children born of the new union. Then they will look at their income… in you case, both you and your ex have remarried and have had children born of that union… that means the state will take the new spouse’s income into account. You will not, however be able to claim your new wife’s other children as your dependants unless you have legally adopted them. The fact that those children are not supported byt their father sucks, but is not your legal responsibility. If you have insurance on your children and they still use medicaid, medicaid should be secondary to the insurance. Which means that your insurance should be filed first. The court doesn’t care whose name the policy is taken out under. School lists are usually available online. Reciepts pertaining directly to the children would be most helpful. As far as what you pay monthly (rent, gas, lights, etc) usually that doesn’t come into play. They take your gross income, deduct what you pay directly concering the child (insurance, child care, etc) and rule from there. There are extraordinary circumstances that they will consiter other payments, but that is not usually a material item, usually it is something like you pay for nursing home care for your momma or some other necessity within the family that doesn;t concern the children. Run the calculator on this site, it is usually within a few dollars of the state calculator.


#4

Document photograph everything you purchase for the kids when they are with you. Go ahead and make a list of the expenses in chronological order and total up the expenses so it’s easier to see. Break down the actual expenses that are spent on the kids and make one for your actual living expenses. Since your ex lives in another state, don’t forget the gas money and/or car rental costs involved in transporting them from residence to residence. and Take copies and the original receipts as proof if the judge asks for it. You will also need your last 3 years income tax returns as that’s what they will require to re-calculate the child support. MAKE SURE that the court makes her show just as stringent documentation of her financial claims as they will require of you. The child support attorney ( graciously provided by the state at no charge to my ex), demanded the originals of my tax returns even though the IRS has everyone’s originals, but accepted an expense and income report from her hand written by her that morning.
Each states rules are different so be extra prepared.


#5

I was contacted by the NC CSEA, and was told by the caseworker that she had already explained to my ex that she could not request a support modification because my case was just transferred into their system, and that if she had wanted a modification she should have requested it while it was still with Florida. My ex has gone over the caseworker and filed the motion without letting the court know that the CSEA is involved. Can I file a motion for dismissal based on the grounds that it should have been requested by the CSEA and not by her?


#6

Hopefully, the attorney will answer but it sounds like that is a very good idea…


#7

I received a letter from the NC CSEA stating that I needed to contact the FL CSEA and verify if they have stopped the income dedustion from my paycheck so that NC could proceed. I was informed by the FL CSEA that they were not aware that NC CSEA had taken over the case and that my ex had contacted them on the 13 to inquire about having them raise my child support. She had filed the court papers for a modification of child support in the Beaufort county courthouse on the 11th. FL CSEA states that they still have jurisdiction on the support case. I contacted the case worker for the NC CSEA and advised her of my findings and she stated that she must have gone back to FL because they had told her that she can not request to have my support raised through them. Now I have 2 CSEA cases that are open in different states and neither one of them is communicating with the other agency to get this worked out. Isn’t there some legal ramification that my ex can be charged with? The NC CSEA was very understanding to my position and has stated that she has contacted my employer and advised them not to put their order through yet, and will find out from their legal department how to get them withdrawn from the situation. I have no problem supporting my children, I always have, but this is clearly a case where she will do anything that it takes to get more money. Is it legal for her to open up two CSEA cases, request that the case be transferred to her home state and then request that it be transferred back because she did not get what she wanted? Can I request that the CSEA provide me with a copy of her application, which proves that she lied and told them she did not know where I lived, or my phone number?


#8

Hopefully I can hit all of your questions:

  1. If child support enforcement is involved you can file a motion to dimiss and they may grant it. You should contact child support enforcement and send them a copy of the motion to modify child support.

  2. It is not clear from your post whether you and your girlfriend have children together or if her children are all from a previous relationship. If they are not your children together they will not take into account her income when calculating child support. If you do have children together, they will take into account hr income and your obligation to support another child. They will not take into account the support you pay for her children from a previous relationship.

  3. The court can accept receipts for expenses, however unless you have filed a motio to deviate from the child support guidelines, those receipts will not impact the amount of child support set by the court.

  4. You do not have an obligation to contribute to expenses you are not required to pay under the child support order. Unless the order requires you to pay for clothes and school supplies, the court will not order you to contribute to those expenses. If you have been ordered to pay those expenses, but she refuses to give you a receipt, it is unlikely you will be held in contempt for that.

  5. You will get credit for the health insurance amounts paid even though it comes out of your girlfriend’s paycheck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
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Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

My ex has filed a motion to modify our existing child support order. We go to court on the 29th, since I am in Tennessee I need to know what documentation will be allowable in court. She has lied on her motion stating that I have not reported any changes in the last nine years, but since the child support was deducted directly from my paychecks through the state of Florida they were aware of all of my income as well as when I changed jobs. She also states that I do not help out with the children’s school clothing or their needs, but I always buy them clothing when they are with me for visitation, and when I ask her to provide me with a copy of the children’s supply lists she never does. She does not have any out of pocket medical, dental, or vision expenses as she has the children on the state of North Carolina Medicaid program,& my children receive free lunch at school. In our final divorce agreement from Florida she is required to provide me with copies of any out of pocket expenses that my insurance does not cover, but she has not ever provided me with anything. In fact she refuses to use the insurance that I have on my children because then she would actually have to pay co-pays ect… I have been keeping all of my receipts and bill payments for the last few months as I knew this was coming. Will the judge allow me to present these receipts in court as proof of my actual living expenses? I have grocery receipts, gas receipts, utility payments, and rent receipts. I have another child with my current wife, and I support her two children from her previous relationship as she does not receive any support from their father. Will the judge care that the health insurance provided for my children is taken out of my current wife’s paycheck as we both work for the same company. Can they take her income into consideration when calculating my ability to pay? I also have receipts from where I took my children to the dentist, and the eye doctor while they were on visitation with me this summer. She has 2 other children with her current husband, will they consider his income in the calculation of the support?