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A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience:  Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
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Hi, I need to file a motion to re-evaluate child support and

Resolved Question:

Hi, I need to file a motion to re-evaluate child support and post sep. monies my husband is making twice as much as he was and I just received his 2008 business taxes. How can I file this with the court to get it going? Are his business taxes and bank statements all I'll need?
Submitted: 5 years ago.
Category: Family Law
Expert:  A.D. Barnett replied 5 years ago.
Good afternoon!

Taxes are a great way to establish his income. A general rule of thumb is that whatever deductions he can take on his taxes also count as deductions in child support, so the "botXXXXX XXXXXne" on his tax return will most likely be enough evidence as to the "botXXXXX XXXXXne" as to child support. If his bank statements show other sources of income, so much the better, but my experience has been that tax returns are your best friend for establishing all his "countable" income.

The actual Guidelines for North Carolina Child Support as to what counts as income is right here:

"(1) Gross Income. "Income" means a parent's actual gross income from any source, including but not limited to income from employment or self-employment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.), ownership or operation of a business, partnership, or corporation, rental of property, retirement or pensions, interest, trusts, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability pay and insurance benefits, gifts, prizes and alimony or maintenance received from persons other than the parties to the instant action. When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support.

Specifically excluded are benefits received from means-tested public assistance programs, including but not limited to Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.

Social security benefits received for the benefit of a child as a result of the disability or retirement of either parent are included as income attributed to the parent on whose earnings record the benefits are paid, but are deducted from that parent's child support obligation.

Except as otherwise provided, income does not include the income of a person who is not a parent of a child for whom support is being determined regardless of whether that person is married to or lives with the child's parent or has physical custody of the child.

(2) Income from self-employment or operation of a business. Gross income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operation. Ordinary and necessary business expenses do not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate for determining gross income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. In most cases, this amount will differ from a determination of business income for tax purposes.

Expense reimbursements or in-kind payments (for example, use of a company car, free housing, or reimbursed meals) received by a parent in the course of employment, self-employment, or operation of a business are counted as income if they are significant and reduce personal living expenses."

So I would say the tax return will go quite far in resolving the issue. Best of luck!

I hope you found this information helpful!
Customer: replied 5 years ago.
Hi, thank You for the guidelines what I needed was what specific form do I need to file to get this done? and how do I file it?
Expert:  A.D. Barnett replied 5 years ago.
No problem! Here is a do-it-yourself form from the North Carolina Court System:

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

Fill it out and take it to the Court Clerk's office in your county. Make sure you take a few copies with you, because you'll need extra forms to mail to your ex. The Court Clerk should give you the court date when you file it.

A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience: Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
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