If she will not provide you with her current income, you can have those records subpenoaed for court. You can also use her previous income to come up with an amount. If what you end up paying using her previous income is more that could be reduced when you go to court. As long as what you are paying her is reasonable and with her refusal to provide you with income amounts the courts should be alright with the amount. Keep records of everything though. If you have been paying an amount up to now, continue to pay that same amount until the court date…

…and keep copies of everything. Don’t pay her in cash.

If the only income information you have is from 18 months ago, I would run the guidelines based on that amount and pay that to her on a monthly basis, keep records of what you pay to her so that you can present them to the court. You can send a subpoena to her employer for her income information, or you can send a request for production of documents directly to her.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.

I am waiting for a court date and there has been no support order set to date. What amount of $ should I be paying per month to my X? So far she has been unwilling to provide me with her monthly income so using the calculator is difficult at best. The divorce was final over a year ago and the income information I have for her is at least 18mo old.