Situs Provision - Clarify

In the separation agreement prepared by my husband’s lawyer, there is a provision that concerns me. I need to understand the full legal implications of it before I decide whether I will sign this agreement. The statement reads as follows:

“In any event of a legal action involving child support, the parties agree that the parent not receiving child support does not have to pay any monies for any
expenses for the minor child to include medical or dental expenses. Once a child support order is entered, the non-custodial parent may then claim the minor child for all tax purposes beginning with the next calendar year and each year thereafter.”

Thank you.

This would not be a typical provision and is not in accordance with the NC Child Support Guidelines assuming your income levels are within the Guideline amount (up to $360,000 combined annual gross income).

According to the NC Child Support Guidelines, and as is typically done, the minor child’s medical and dental expenses are divided between the parents after the first $250 per child per year in uninsured medical/dental expenses is paid the the parent receiving the child support. This is because the NC Child Support Guidelines basic support obligation includes $250 per child per year for uninsured medical/dental expenses.

To divide the payment of medal/dental expenses after the first $250, many parents will agree to divide it according to each parents’ percentage of combined monthly gross income (for example, if Dad makes 70% of the combined monthly gross income, then Dad would pay 70% of the child’s uninsured medical/dental expenses and Mom would be 30%).

While not addressed by the NC Child Support Guidelines, claiming a child as a dependent for income tax purposes is typically alternated each year.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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