Please define addtional cost on Schd B

North Carolina Divorce Law Divorce and Separation Answers
1

NMiller1,

Schedule B is used when both parents have the children at least 1/3 of the overnights in a year and share expenses for the children. Child support is an obligation of both parents, and the guideline amounts are set with that in mind. In a typical child support calculation, three things factor into the guideline amount: the parties incomes, work-related childcare costs, and the children’s medical insurance. Worksheet B also includes a further adjustment based on the number of overnights with each parent. There is no requirement that clothes or school activities be split in proportion to the parents’ percentage of total income (the 75/25 calculation). The guidelines assume that the amount awarded is enough to meet the reasonable needs of the children. Unreimbursed medical expenses are sometimes split in proportion to the parents’ percentage of total income, but not clothes or school expenses. A judge can award that “extraordinary expenses” be added to the basic child support obligation, and thus it is possible for “extra activities” to be included in the calculation, but absent a judge’s ruling on that or the parties’ agreement, those expenses are not added to the amount.

Finally, a party has the right to ask a judge to “deviate” from the guideline amount, and that is a potential avenue for you to explore if you want to make the argument that the Worksheet B calculation and the number of overnights with each of you doesn’t yield an amount that you feel is fair given your circumstances.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

My Ex and I are moving to schedule b from Scedule A, starting this summer. The seperation agreement states that the split is 144/205 nights with each parent. I actaully keep the kids til 7pm on the last day of our custody so I both feed and take care of any cost associated that day and I have two questions

  1. Since I incurr all cost for the last day of my custody strench each week, and they really only go back to their mothers to sleep, if I went back to court would the judge consider this, or is it plain black and white rules since they spend the day with me, but sleep at there mothers? It amounts to hundreds a month in support

2.My second and bigger question is with Sched B. Using the caculator for both incomes and offical nights the dollar amount stated is being paid. My ex also claims that I still will owe 75% [income is a 75/25 split] of all kids expense such as clothes, school related [lunches, misc costs etc]and extra activives. We both purchase our own clothes for the kids, feed and provide them with housing equally in addtional to the support I pay. Is there any legal requirment to cover these costs, or is it suppose to be covered under the support payment I make. If additional costs are warrented, what items would I be expected to pay, and what items would not fall under this.

thanks for your feedback