This is an insert from the divorce agreement…
It is understood by the parties that the reasonable needs of the children can be expected to increase in the future, taking into account the effects of inflation as well as increased costs and expenditures necessary for the children even without inflation as they are growing up. It is also contemplated that the income and assets of the parties will increase in the future. Based on this, the parties wish to provide a mechanism for increasing child support on an annual basis for the benefit of the children without having to return to court for a judicial determination of the same if it can be avoided. The parties agree to review and recalculate child support on an annual basis beginning August 2005 and each year thereafter by exchanging tax returns including all attachments (W2’s, 1099, etc.) and applying the North Carolina child support guidlines then in effect.
Question: (Child support was set @ $1500 for two kids a month) to be recalculated every year according to the above statement.
Both the ex husband and ex wife exchanged tax returns every year starting August 2005 and agreed on a monthly child support amount based on the child support calculator. In the last three years, the ex husbands through no fault of his own has been unemployed, layoff and or working jobs that pay substantially lower than was he made when the child support amount was set. He is deligently trying to find a job to align with his previous financial background, the economy is playing a big role in preventing that.
Please also note, that for the last 2 years one child has lived full time with the father.
Now, since the father has remarried, the ex jaded wife decided to file an affidavit declaring that she is owed $54,000 in arrearages bases the original set amount for $1,500 a month negating that not only did she agree each year after 2004 with the child support set each year basis the child support calculator but chose not to say anything until after she found out we were engaged that she felt she was owed this amount. Not even so much as to back out 1/2 the support for the one child that has been living with the father for 2 years.
WHERE DO WE STAND? I know that when you read through the insert above it implies that the child support calculator should be used for cases of increased child costs, inflation, etc
Doesn’t it also protect the father from only have to pay what he is obligated to pay basis the child support calculator as long as the parties agreed each year after exchanging tax returns? This is where the confusion comes in. Even our own lawyer is confused here in SC (divorced filed in NC). How is this interpreted?
And if the mother didn’t agree to the new child support arrangement each year, shouldn’t it have been her due diligence to go to child services at that time to complain AS opposed to when she got pissed off that he EX Husband was engaged?
I need help with clarification. My new Husband almost went to jail when the court hearing was held in January but was continued so we can build a case.
The new court date is at the end of this month and I am getting extremely anxious for answers. PLEASE HELP.
Thanks so much!!