I have 2 children, one child was adopted in North Carolina who had been a foster child, because of this we receive a monthly support payment from NCDSS/DHHS each month until he turns 18.
My question has to do with the application of this payment in regard to the child support calculator. Assuming I have a child support obligation to my wife, will the NCDSS/DHHS payment be subtracted from this obligation?
Thanks
Adoption assistance payments from the State are not counted as income for either party when determining child support. The payments are not subtracted from the child support obligation however, adoption assistance payments can be a basis to deviate from the child support amount as determined by the NC Child Support Guidelines (i.e. a decrease) if the child support obligation plus the adoption assistance payments would exceed the reasonable needs of the children.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.