Is there a limit to the amount of child support and reimbursement that can be ordered as a percentage of your total income? What is a person couldn’t meet their basic expenses afterwards?
There is not a limit as a percentage.
If you’re within the Child Support Guidelines (meaning both parents’ combined monthly gross income is $40,000 or less), then you will use either Worksheet A, B, or C to determine the monthly child support obligation. The Court can deviate from the worksheet child support amount if evidence is presented to show that the amount will not meet or will exceed the minor children’s reasonable needs and expenses. In practice, deviation is rarely done.
If the payor cannot afford the worksheet amount, it’s possible to present evidence that the amount should be lowered, but the Guidelines factor living expenses in, so this would be a very difficult argument to overcome.
If the combined monthly gross income is higher than $40,000, then child support is based on the minor children’s actual expenses. The payor must still have enough disposable income to pay his or her basic living expenses.
Typical reimbursement expenses are for extracurricular activities and uninsured healthcare expenses. The percentages are usually equal for extracurricular activities and each parent’s percentage of the combined monthly gross income is the percentage paid for uninsured healthcare expenses.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
The reason the requested support is so high is my 4yo attends a children’s program at a private school, they are considering that daycare. It’s a full blown learning environment for children up to the 1st grade, it takes the place of kindergarten. How does the court differentiate the difference between daycare and school?
It states in the fact finding portion of the order my ex’s parents are currently paying for it and that I agree to him attending that school. But I simply cannot afford to pay for it myself and still meet my basic monthly necessary expenses, I have no disposable income. If I end up having to pay this, I won’t be able to support myself. What are my options? Can I request that he no longer attends that school?
The cost of the school program may not need to be included in the child support worksheet if a third party is paying for it. If it is included, only the portion for work-related childcare is included.
You can disagree for your child to attend that school, or you can agree on the condition that the third party pays for it.
You shouldn’t be required to pay for the school if the order clearly states that grandparents are paying this such that neither parent has to.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.