I currently pay court ordered child support for my child through NC CSE to my ex wife. I live in FL and have a voluntary support order to pay child support to my current wife, who I have been separated from for almost 2 years. We have not filed for divorce for several reasons but have lived apart this entire time. My NC case is currently under review for modification. Will my voluntary order, which is not filed through the state of FL but just between my current wife and myself, be enough proof for me to get the credit for paying this child support for my 2nd child? We had papers drawn up which we both signed that states the terms of this voluntary agreement.
Typically support paid for another child must be court ordered in order to be accounted for in a calculation, however you can, and should bring this voluntary support agreement to the attention of the presiding judge as he or she can consider this in making a determination of support.
So if I do not get credit for the voluntary support I pay, will I only get a credit for my second child based on my income or my current wives and my income?
Support will only be based on your income and the income of your ex. Your new wife’s income will not be included.
But will my current but separated wife’s income be used to determine my deduction for my second child? If they just go by my income ($3600 per month) I am only getting a deduction of $331.00 for my second daughter. Is this what they will use or will the deduction be based on the total of my income plus my current but separated wife’s salary equaling $6300 per month?
The incomes used for child support calculations are the parents of the child for whom support is sought.
I understand that. I am asking what my credit for my second child will be based on. Will my credit be based on 1) my voluntary child support payment, 2) only my income of $3600 per month or 3) my income plus my current but separated wife of $6300 per month? When CSE originally worked it out they only gave me a credit of $331 for my second child (not the one support is being figured for). Is this correct?
Credit is based on your voluntary child support payment and will be deducted from your gross income.