Recalculating Child Support

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

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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. The expenses for each child are rising, with camps, sporting lessons, clothing, etc.

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.