My ex is having a baby and plans to stay home


#1

Dear lukegl:

Greetings. Have you run the child support calculator with her making zero (0) and you earning the same? What does it tell you that your support obligation would be.

Yes, ask immediately for half the time in writing, and keep asking. Never mention child support in your requests, as that is not relevant. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

Hi Janet,

Ok, If I rerun the child support using worksheet A (which is what we initially used) and now insert (0) for her income, my support obligation increases to $1372.

I’m currently paying $864, so this would be an increase of $500 because she decides to have another child and stay home.

Thanks


#3

Dear lukegl:

Greetings. It would never be imputed at zero(0), but now that you have the fear of God in you, here is what I suggest.

  1. Let her know in writing that you do not accept her stopping employment, that she did not do this with your joint child, and that child support should not increase due to her decision, which you disagree with, to stop earning financially.

  2. Yes, you are still likely to have your child support increase, unless you can get a written agreement from her (with the help of an attorney to make sure the language is correct) that in the event that she seeks an increase in child support that she will be treated as if she is working full-time making at least the same salary she is making now. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#4

Hello,

I’ve been divorced for close to 6 months and my ex and I get along quite well. I have 2 boys with her (both in school ages 5 and 7) who stay with their mom and I see them regularly for overnights 8 times a month.

We currently are using worksheet A for child support calculations with the agreement that we would revise my support yearly based on our individual incomes. She works full-time and so do I.

She is now remarried and expecting a child in Oct of this year (2005). She happened to mentioned to me that she has the intention of perhaps not working for an extended period of time starting next year (2006) to spend time with the new baby.

My questions is:

If she decides NOT to work next year, will I be obligated to pay more in child support because we use worksheet A. Doesn’t make sense that my support should go up because she and her new husband decided to have a baby.

Also, I plan to ask for joint custody with my boys sharing time equally with her and I. Any thoughts as to how I should go about that?

thanks