Recalculation of child support


#1

Dear just a guy:

Greetings. If you have over 125 overnights with your child or children, then yes, you can renegotiate the child support on Worksheet B. Yes, judges generally go by the book unless the incomes are off the N.C. Child Support Guidelines (for example in excess of $250,000 a year). Thank you.

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

Thank you for your time and answer. One quick follow-up.

Based solely upon the schedule in the written agreement, I have just under 125 nights a year. However, I have additional 10-20 nights when my former spouse travels out of town. So, is the determination of whether to use Worksheet B based upon the official schedule, or reality, which includes the additional nights.

Again, thank you.


#3

Dear just a guy:

Greetings. It is based on reality, if you can show when she travels and the additional nights that she travels and you keep the child(children). I would suggest that you discuss with her how much you can pay and exactly what she needs and try to work out a fair amount that may or may not reflect what the worksheets say. Have an attorney draft any such agreement for you. Best of luck.

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


#4

Excellent suggestion and much appreciated.


#5

I am divorced and have a court ordered agreement. Accordinly, it time to recalculate the amount of child support. The original agreement had calculations based upon Worksheet A. I believe however, that they should be based upon Worksheet B. So I have two questions. First, at this or any other time of recalculation, can the different worksheet be used? Second, if we were to fight this out in court, does a judge typically go by the book, so to speak, and follow the worksheet guidlines?