• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

valid reasons for child support modification?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

psychosmurf

Junior Member
What is the name of your state?What is the name of your state? -- North Carolina

I am paying child support to my ex by court order. At the time of the trial my ex had quit his job and I was ordered to pay child support, day care, and medical insurance for our two minor children.

It has only been 6 months since the court order was entered, but many things have changed. My ex is now employed and by my estimates earning a decent living. I was out of work for four months and now have a job earning about half of what I was previously.

I want to modify the child support payments but I don't want to spend thousands more on legal fees if I don't have to. How can I utilize the child support calculators if I don't know the income of my spouse? Are these changes valid reasons for modification??
 


VeronicaGia

Senior Member
Keep in mind the court has the ability to impute income to you based on what you were making when you were working. You could have also asked the court to at least impute income to him based on minimum wage when he was unemployed.
 

Grace_Adler

Senior Member
I don't know what your income situation is right now, but I can tell you, if you fall within the gray shaded area of the child support guidelines for the income (which is poverty level) they won't take his income into consideration whatsoever, even if he is making a million a year. I don't know what idiot came up with these guidelines but they were clearly an idiot when they made it and the other morons who went along with it and passed it. Here are some more links..
They have a calculator on here but I don't know if it's accurate. I have found sometimes it doesn't work very well.

http://www.ncchildsupport.com

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

http://www.nccourts.org/Forms/Documents/289.pdf (This one is good, has the guidelines and income figures or basic support obligation according to income)

BTW, when using the guideline sheets and calculator, when it says primary custody, joint custody etc, it means according to how many overnights the children stay with each parent, not court orders. They factor that in to some extent.

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp




http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050


You can find forms at your local courthouse or http://www.nccourts.org

This is a modification order form for child support.

http://www.nccourts.org/Forms/Documents/262.pdf
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top