Support review

North Carolina Divorce Law Divorce and Separation Answers
1
  1. It may not be necessary to go to court to have child support modified if both parties can agree through a consent order. This saves both time and money. I would contact your child support officer agency on this.
  2. If either party has a change in income that will increase or decrease the child support amount by 15% or more it is worth having it modified. Check the calculators on this site.
  3. The child support amount doesn’t really look at the differences in the households but is established based on income of both parents, amount of overnights, insurance and child care costs and sometimes extraordinatory costs. If combined income is over ?$200K or it may be $300K you will go off schedule and more support will be allocated.
  4. Not really a question…hopefully child support will increase as ex’s assets increase - or at least the child will see benefit of this.
  5. Run the calculators and see.
2

  1. The court does not do this on their own, you have to bring the issue before them. It can be done through child support enforcement if all the parties are in agreement.

  2. If it is more than 15% below it can be considered a change in circumstances, but it needs to be long term and permanent.

  3. The only thing you have to lose is the fact that you may incur attorney’s fees and may be ordered to pay some attorney’s fees on behalf of your ex.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

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Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780

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.

3

  1. Is is standard to have the Court review child support every three years? Or, can this be done through the child support agency?

  2. Income below level Court projected…change of circumstances?

  3. Wide and growing gap in income between ex and myself. The two households have a vast difference in the standard of living.

  4. Over time, the Orders become more unfair than they already are due to the substantial assets the ex can acquire.

  5. Is it worth a shot to take this to Court after three years? Do I have anything to lose?

Thanks!