When Should Child Support Calculations Be Revised

North Carolina Divorce Law Divorce and Separation Answers
1

Two questions:

  1. My ex-wife will not be putting the children in after-school day care this school year. That was was a significant portion of the existing calculations. Can we revise now to show that drop in expense for her, thus dropping my support?

  2. My ex-wife just took a commissioned sales job. If her part of support is based on her average - which seems to be the answer when I searched this forum - average of how long? Do I have to wait a year before we can recalculate? This doesn’t seem fair since, along this wonderful journey we call divorce, I was once hit with a judgement saying that my income didn’t match my “potential”. It was called the economy and the best job I could get at the time. Anyway, she apparently has the “potential” to make six figures and is getting a car allowance. I need to be able to get a revision based on her new income, even it just adds the car allowance - that is income after all, and I GUARANTEE she would seek the same from me, if the roles were reversed.

So I have two reasons to revise the support. Can I proceed and if so, how do I proceed? Thanks!

2

Anyone??

3

NOT AN ATTORNEY

If there is a 15% or more change in the amount of child support, and it has been a while since your last renegotiation of child support amounts, then yes, you should be able to file for modification. The car allowance should probably be counted as income. If you are going through CSE, you may be able to talk to them about it. If not and you can prove a significant change, you may wish to talk to them period.

(Keep in mind that your past judgement would likely be brought up in court as evidence that you are only out to keep from paying what is due your child.)