Child support is based on monthly salary. If your situation has changed since child support was set then you could be looking at a reduction. Run the calculator with the figures you have now and see what you come up with. I would suggest that you not only take this stuff to court but that you also have the attorney subpeona your ex’s finacial records. But the courts do not really care about how many jobs you have to work to make ends meet…or how you come up with the money…sadly the courts are only concerned that you meet the responsibility. I ran the calculator with 12 different figures and scenario’s before we went to court…worst case scenario is what you look at and then hope it’s the better.
You will need to ask the court to deviate from the child support guidelines. If you do not file this motion, the court will not consider your expenses.
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
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.
I have another dillema with my upcoming child support hearing. I make a salary plus commissions. My commissions are not regular and not guaranteed. Some months I get some, and some months I do not. My base salary is not enough to cover my living expenses, which only consist of rent, utilities, phone, car & insurance. And a cheap car at that. So if I do not make commissions for a month, I can’t make ends meet. So I had to take a part-time job where I only work 2-3 days a week at a restaurant/bar. This provides some pocket money, but not much. I can’t work all of the time, because I have my visitation with my kids, and I am very active in their sports & activities. I rarely miss a practice or game.
Currently, my support payments is deducted from my paycheck, so after that comes out, I don’t have enough money to pay my bills without commissions or part-time work. My ex is remarried and lives in our former marital residence which is valued at $260,000. Over the past year, since getting the child support court ordered, she and her husband have purchased new vehicles, completely refurnished the house, put in a swimming pool & extensive landscaping, and has recently added another guest room onto the house.
If at the hearing, my support payments are increased due to the daycare issue I explained in my earlier post, this will put me further in the hole. If I have to work more part-time hours, this will take away from my time with the kids, and I will have to miss out on their activities.
Would it be beneficial to bring my budget to court and show the judge that I cannot possibly afford to pay more than I am paying now? In fact, my budget will show that with what I am paying now, I can’t afford to live. It’s difficult to struggle, work 2 jobs, ask for money from my family, while watching my ex continue to improve her lifestyle.