Reduction in child support

If he is deliberately depressing his income you might have some case but it would probably be difficult to prove without you incurring more legal fees. If his income has decreased so substantially then he has the right to file for a modification of support unless you have something written into a court order.
His new living situation does not figure into the support he pays to you. If he is paying for mortage and taxes on your home that is much more than most get. Perhaps things will get better for you when ED is settled. I would not worry much about what may or may not happen in the Spring. He has warned you in advance, which is again more than most would do. I would just take it day by day. Even in modification your salary, extraordinary expenses, and visitation amount will be factored in. It may not end up being reduced as much as you think.

If it is court ordered based on documents and he is impugning income, the judge will see through it. Continue to look after your kids as best you can - it can’t be easy with 4 of them! I haven’t had a penny in CS since 2002 but DBD is in the UK, so take heart, play by the book and as long as you document as much as you can and get EVERYTHING in writing whenever possible, you should be fine. Remember the courts want what’s best for the kids.

If your Husband’s income has decreased the court will look at his previous income and the reasons for the decline. If he is deliberately suppressing his income to avoid paying you support, the court can order him to pay support based on his previous salary.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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 husband was court ordered to pay child support and spousal support in the PSS trial starting in August 07. He was also ordered to pay the house mortgage and taxes on it. The amount he was to pay was based on income tax records over the past 5 years. He has always made about 85% of family income. The amount I am recieving in CS/SS is barely enough as I am trying to pay down debts. We have not settled ED yet.

My husband contacted me and said he was going to take the case back to court in the spring as his salary this year will only be 60% of what is was in the last several years. My salary is the same and I would have to travel one hour away to get a higher paying job in my field. I am in the marital home taking care of 4 minor children. I am also using my salary/CS/SS to pay for my oldest daughter’s college costs.

I feel he is purposely not working as much and taking more time off than he would have done if still married. He is in a private business and relies on referrals and this has dropped bc of his behavior and adultery. He is supporting a girlfriend and her children in a new home he purchased. I know he may be having trouble making ends meet trying to maintain two households, but who is to suffer in this case - his children or his new life. It seems as if there will not be enough to go around.

How do judges look at this fairly?