Proof of income needed

North Carolina Divorce Law Divorce and Separation Answers
1

How can I get proof of income/wages from my ex? When child support/custody in June 2010, was done I was unemployed (due to a layoff after 9 years) he was working a temporary low paying job and only ordered to pay $95 a month (I have to repeatedly call and remind him about each month). A week and a half after the court date he started working fulltime at a much higher pay, (With his first paycheck, he bought each of our 3 children a gaming system for their rooms). One of our children turned 18 in Dec 11 and he entered a motion to have the CS reduced. Our original Jan 2012 court date had been rescheduled by the courts for Feb 12. Suprising to me, he never showed up at the new date and the judge said he would have to re-file his motion. When asked about re-filing my ex said that he hasn’t had the time to re-file and he was intending to request the judge consider the payment for all 3 children (after she turned 18) an overage in payment anyhow. From his ex-girlfriend, I just found out that in Feb 12 he was promoted and is now managing a department of 30 for the same company with a Company car.

  1. How can I find out how much he is currently making? Not sure if it is worth incurring the cost to request a modification.
  2. Will a judge consider the payment for all 3 children (after she turned 18) an overage in payment?
  3. He was also ordered to cover health insurance for the children. He currently has a Health Saving account insurance plan and said that they are covered at 100% after the $5000 deductable. Is this really considered health insurance to the courts?
2

Not an Attorney

I would suggest you use the online child support worksheet, plugging in what you believe is a realistic salary for him and see just what he would owe. I suspect you will find he likely owes MUCH more than he is currently paying. If so, child enforcement services handles child support and is free, and can take the steps necessary to have his child support adjusted to what it should be (they will recalculate it based on information provided to them). If he refuses to pay, they can garnish his wages.

3

I need his current income so I can put it into the worksheet to re-calculate the childsupport. He does not pay his childsupport via the Childsupport (as ordered) but by Money Order.

4

(1) The only way to get his income information is to file a motion to modify. At that time, he will either have to provide it for you pursuant to local rules or discovery requests.

(2) At the time of the hearing (whether your motion or his) the judge will do a new calculation based on the current circumstances. That new amount usually goes into effect as of the date of filing, not all the way back to the “changed circumstances” (i.e., the aging out of a child).

(3) If there were not specific parameters for the insurance account put in place, then yes, this type of insurance qualifies.