New child support guidelines

North Carolina Divorce Law Divorce and Separation Answers
1

Here’s the link:

nccourts.org/Forms/Documents/981.pdf

2

Thank you

3

Does this mean that the guideline worksheet has changed also? If so, has the worksheet been updated on the home page?

4

Yes, is has been updated to reflect the new guidelines.

5

Thanks to everyone.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

6

what changed???

7

I didn’t read the whole 21 page document, but am I correctly reading that the court is not to use the guidelines to determine child support if there is a separation agreement in place that addresses the child support issue? It is in the 4th paragraph on the 1st page.

8

You read right!

Thanks to Pataky v. Pataky (aoc.state.nc.us/www/public/c … 0616-1.htm), the amount of child support specified in a properly-executed unincorporated separation agreement is now deemed to be presumptively reasonable and correct. This presumption may be rebutted, of course, but it’s usually not easy to do so. In other words, our beloved Guidelines are no longer “presumptive” in all cases. if you see a conflict between the holding in Pataky and NCGS 50-13.4, you’re not alone.

9

Do the new guildlines replace those being used by procedding which started before this was enacted? My seperation/divorce proceeding started in Feb, 2006. Which guielines will be used?

Phil

10

Dear phils:

The new guidelines will be used. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

11

I read in another post that Ms. Fritts stated as of October 1, we have new support guidelines. Does anyone know where I can read about these changes? Thank you.