Recalculating Child Support

Dear Georgie:

First, do not post the same thing three times, as that makes more work for me. Next, I think that you should talk to him first about wanting/needing more funds. Maybe you can ask him to pay for a specific expense for the children, so that you no longer have that expense out of child support.

I think that if you ask for more CS, you may get it, but you are right on the cost. The first time you ask, he will clearly say no, but I would persist. I would not threaten, but if he denies you three times you may want to have a very honest discussion with him on your options to file for more support, etc.

If you made $30,000 (imputing some income for example - teaching income) and he made $100,000 - child support (without insurance, etc.) would be about $1,144. If you made $30,00 and he only made $50,000 - child support would be about $744. This is just guesstimates based on what you said below. Not a huge difference from what you get now. Good luck and let us know how it goes.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

Our divorce was final four years ago. I have primary physical custody of a 14 year old daughter and a 10 year old son, and joint legal custody. My XH has remarried, and has a 2 year old son.

We agreed upon an amount of CS higher than the state regs, due to his owning his own business. I worked in the business for 10 years, and I know for a fact that he siphons cash money off the income from sales, and that he uses the sub-chapter S corp to pay for his home improvements, telephone bills, personal vehicle costs. He takes profit distributions, so his actual W-2 income is very low for tax purposes. He has a PT job that he also does very well in financially, and will also be receiving a promotion from that in the next year. In the past 3 years, he inherited a very large sum of money from a grandparent.

I work part-time now, as I did during our 14 year marriage, in order to be able to take our children to after-school sports and activities, and for after-school care. We both have 4 year degrees, but I am not employed (teaching) using my degree. I make about $10k a year salary, and about $15k from rental income. CS is $12k a year. He made $50k in 1999, according to tax returns. I would estimate that he spends about $50k a year for personal use from the company that he writes off as business expense. We both have 4 year degrees, but I am not employed (teaching) using my degree.

Is it worthwhile for me to try to get his financial records to attempt to get CS raised, or do I stand a fair chance of having CD reduced? He will be furious if I were to try to get his corporate records, and the loss of goodwill could counteract any financial gain.

Thank you for your help.