I suggest running the child support calculator based on the current income and see what the guidelines state is an acceptable amount. If you are paying a fair share of what the guidelines state, then yes you should request that she stay with the original amount. Since she is making more money now, that is what the courts would go by. If child support is set and she is attempting to increase it, I suggest letting her know that her current income is a factor.
If she is purposely taking a job to decrease her income due to child support amount, then it would be a good idea for this to go to court. The courts can be shown that she is leaving a job making more money to increase child support amount. If there is no good reason to decrease her income, such as taking care of the children or her ability to work that job, then the courts can be shown that.
Run the calculator and consult an attorney of your own.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My ex and I agreed apon a set “child support” amount each month based on what we were making at the time. She saw a lawyer and they told her that I would owe her $300 more than what we agreed apon. At the time she was only making $8.00 an hour and working part time. She is now making $15.00 an hour and is pushing 40 hours a week.
She is now planning on taking a job that will pay have as much as what she is making now. She is only doing this for her convienience and masking it behind “its for the children”
She is still talking about alimony. she was a house wife and did not want to work. After she left the home on her own accord, she found a job and got to the $15.00 an hour. We have 3 children.
Can I argue to her to cut the child support based on the fact that she is making more?