Revisit Child Support - dicey scenario?


#1

Unless she works for a government agency that is required to post their salary, there is no public way to find out her 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

ROSEN.COM

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.


#2

Does salary show up on credit reports? If so, there may be ways to get a copy of her credit report using a Private Investigator?


#3

I do not believe your income shows up on your credit report.

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

ROSEN.COM

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.


#4

Thank you for the advice. I will just seek renegotiation of the Child Support payment. Either its fair or unbalanced in one way and (in the very unlikely case) where I am not paying enough, It’s my responsibility to top it up to meet the guidelines.

Two questions I have:

  1. My son goes to a private school, but his “educational needs” are not signficantly different from any other young boys - the private school is only a ‘need’ insofar as we do not have much faith in the public school system. Does this expense (which I pay for) qualify as an “extraordinary” expense?

  2. My ex-wife, through her affiliation with the private school’s parent company, is able to pass along a 25% tuition savings. Should this be reflected in any way on the worksheet? I do not think so since it’s not really an income for her. (ie: She is not receiving an extra $250 and then turning around and paying for it on the extraordinary expense line).

Thanks,
R(e)alDad.


#5

I would think that private school would be an extraordinary expense due to the fact that it’s an expense that “most” parents do not pay…but maybe the attorney will answer this for clarification.

The amount of the tuition with the discount included would be put towards extraordinary expenses that you pay. It’s nice that your wife can get the discount but all that it really does is lower the amount of extraordinary expenses that you pay out.


#6

If you pay a significant amount towards your childs education, this could be a grounds to deviate from the child support guidelines, you would have to file a motion and request this from the court.

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

ROSEN.COM

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.


#7

One final question on this topic - do I have to file a motion if we can (continue) to agree? Currently, child support and custody arrangements are part of our separation agreement and not court ordered.

I like it that way - cheaper for all, and better if we can get along and agree. In such a case, I presume we would just make a modification to the child support section of our separation agreement, have it notarized, and then implement the changes. Will that be sufficient?

Thank you,


#8

You generally would execute a new agreement which modifies the child support provisions of the previous agreement.

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

ROSEN.COM

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.


#9

Hello,

I wonder if there is any method to use publicly available information to verify one’s income? I think the answer is no, but I thought that I would check with you.

My ex wife started a new job in the summer and is showing some signs of extravagence (new car, boat, trip to island) that make me believe she is making significantly more money than she was a year ago when we divorced.

Our child support is based on mutual agreement without any prior terms to agreement - child support is not court ordered. I have historically earned about 10:1 her salary and current payments reflect that, although the situation appears to have changed somewhat on her side.

I don’t want to be “taken” - what is the best way to approach the subject? We remain amicable, but in part because we don’t talk about this sort of thing, and instead stick to our original agreement. If she is simply living in debt, that’s not an issue I care about (or would seem to alter payments), but if she is approaching even 1/4 my salary, I think child support payments should start to reflect her finances.

We have our son half-time each.

Thanks,
R(e)alDad.