Question on NC Guidelines


#1

Dear elizabeth36:

Greetings. Thank you for your comments on our website. Wow, what loaded questions. Let’s see what I can do for you:

  1. It depends on the situation. The majority of our clients have other spouses that are good parents also, so we recommend joint custody. In some cases the parties cannot co-parent and get along, so then I may recommend sole custody. I also recommend sole custody when there is alienation on one side or abuse. We try to start with joint custody and go from there.

  2. I tried to answer this in #1 above. Generally, we recommend joint custody. We base our recommendations on what we believe the court will do in a similar situation if the parties had to go to court.

  3. Yes. For instance, I had a client that had a base salary of approximately $30,000.00 per year. With bonuses my client made in excess of $60,000.00 per year, but the bonuses were paid only on a bi-yearly or quarterly basis. This situation is not dealt with well on the guidelines and my client actually had to pay on a monthly basis as if he made $60,000 a year salary, when he should have paid (in my humble opinion) on the basis of his actual salary with a percentage of bonuses going to child support also. That was one example. Let me know if you have other questions. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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
quote:
Originally posted by JanetFritts
Dear elizabeth36:

Greetings. Thank you for your comments on our website. Wow, what loaded questions. Let’s see what I can do for you:

  1. It depends on the situation. The majority of our clients have other spouses that are good parents also, so we recommend joint custody. In some cases the parties cannot co-parent and get along, so then I may recommend sole custody. I also recommend sole custody when there is alienation on one side or abuse. We try to start with joint custody and go from there.

  2. I tried to answer this in #1 above. Generally, we recommend joint custody. We base our recommendations on what we believe the court will do in a similar situation if the parties had to go to court.

  3. Yes. For instance, I had a client that had a base salary of approximately $30,000.00 per year. With bonuses my client made in excess of $60,000.00 per year, but the bonuses were paid only on a bi-yearly or quarterly basis. This situation is not dealt with well on the guidelines and my client actually had to pay on a monthly basis as if he made $60,000 a year salary, when he should have paid (in my humble opinion) on the basis of his actual salary with a percentage of bonuses going to child support also. That was one example. Let me know if you have other questions. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.



#3

Janet, Thank you so much for taking the time to help me. I appreciate your insight.


#4

Hope you will respond to my post. I am writing a paper for school on Child Custody and Support in NC. This board is wonderful! I commend the Rosen Firm for offering this source to people in need of advice and clarification during such a difficult time.
OK - now to my questions

  1. Would you recommend a client pursue joint over sole or split custody?

  2. If so, why?

  3. This question is loaded, and you may not be able to answer it.
    Do you see areas of the NC Support guidelines that are in desperate need of revision as a result of the impact they have on non-custodial parents?