New Wifey Now - Support & Order Violation Question


#1

uggh…sounds like you have your hands full with the visitation/custody situation.
I can offer my opinion/experience as a 2nd wife w/ regards to income. The calculator does NOT take into effect your income BUT that could be considered cause by ex to file for recalculation.


#2

I’m not sure about the contempt part but I do know that spouses income doesn’t have anything to do with the other parents support calculations.


#3

Dear Frustrated Fiancee:

Greetings. No, your income is not part of the calculation. The only time that your income would come into play (that I can think of right now) is if you work at the same business which you and your spouse own and you are paid more and he is paid nothing…then he would be “hiding” income in your income.

Yes, I would file a motion to show cause about this and let her answer to the judge. I would file a motion about every three (3) times she violates the order and include all three (3) violations. Thank you.

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

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Well, I am now wifey. I have heard several rumors about child support calculation and am seeking TRUTH. I have heard that when a father who is paying child support gets married and then is re-evaluated for child support - - the new wife’s income is also a factor in the child support equation. And then I have also heard that if the mother receiving the child support gets married, her new spouses income is not a factor in the equation. Is this true? I really don’t believe that I am responsible for this obligation and that my income should not be a factor either. Please clarify.

Next question. After allowing Baby Mama to move to GA in our last court attendance on 9/27. Visitation was modified and the child’s attendance at our wedding was included and sworn to. We were to meet halfway in SC to pick up our child on Wednesday 10/12 for our wedding, but prior to, the mother denied this. In an initial phone call she understood that the child was to be picked up Wed and halfway. In another phone call, she says that she didn’t have transportation to meet us on Wed and that the only way to get the child was for us to come all the way and get the child, meet her halfway on Friday (day of rehearsals and before wedding day), OR buy her a rental car. In another phone call, she says she didn