During our initial divorce mediation my spouse and I agreed to Joint Legal Custody.
As non-custodial parent the initial support order stated that I would have three (3) overnights on alternate weekends and Wednesday overnights every week.; contingent setting up a domicile no further than 20 miles of our children’s school… I quickly complied and rented and furnished a three bedroom house that meets that requirement
Over the last four (4) months my spouse has honored that schedule. Today I discovered that my lawyer miscalculated the child support. As a result it would appear that I have been $300 less each month.
However I also discovered that my lawyer used Worksheet A for the original incorrect payment and also for the recently revised higher payment. I am currently scheduled to get at least 130 overnights per child.which qualifies me numerically for Worksheet B.
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Was my lawyer correct to use worksheet A, for the initial Support order?
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Should the recent recalculation have been done on Worksheet B?
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My spouse and I have not signed the support order. If Worksheet B applies and the child support payment is lowered; Can my spouse’s lawyer reduce the number of overnights or back out of the joint custody agreement completely?
(1) Worksheet A is the correct worksheet to use when one parent has the child/children at least 243 nights per year. If you have calculated your current overnights with the child/children for the entire year, and that is at least 123 overnights with you, then Worksheet B would be the proper application of the NC Child Support Guidelines.
(2) It appears that Worksheet B is the correct worksheet to use assuming you are having the child/children with you at least 123 nights a year.
(3) If the custody arrangement is already finalized and is in a court order or a separation agreement, then your spouse cannot change the custody schedule. If the custody arrangement terms have not been finalized, then your spouse could try to change the custody schedule, but you would not have to agree to the change.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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