Support Question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear talbano:

Greetings. Your new child, if she is biologically yours or adopted, should be included in the worksheet. Her children are included because it is the law and she has a support obligation for all children.

Could she work? If she does not work, then day care costs are not counted. It is only “work related” day care expenses that are placed in the worksheet. Also, if she works or could work, she needs some income or imputed income into the worksheet.

Yes, the second job will be used to increase your child support obligation.

No issue on shared parenting. Just get it all in writing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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 but a full discussion with an attorney should be undertaken before taking any action.

2

I recently recived my the worksheet the NC Child Support Enforcement Agency worked up for me for the recalculation of support. The way it is broken down is that I have to 91% and my ex-wife has to pay 9%. When I talked to a lwayer in NC he told me that since she has 2 other children from her present marraige and she does not work, that they will not lower my obligation since she will have to pay child care costs.

My question is why are her other children evan a consideration for my support and why she can’t work?

I have a child with my present wife and she is not taken into consideration with her cost and that my present wife will have to get a job to help pay for this dramatic increase of support, which in turn will cause more child care costs on my end.

Plus if I have to get a 2nd job won’t I have to claim that as income for child support?

Is it really my fault that I put myself through night school to get a education and a decent job and she has no responsibility finacially?

My other question is my Son has been talking about moving up to Ohio with me. This is no problem to my Wife and me and we would love it. What is NC’s stance on shared parenting?

Thank you in advance