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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6390
Experience:  20 years of professional experience
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When completing an NC financial affidavit, does the Court take

Customer Question

When completing an NC financial affidavit, does the Court take into consideration the amount of child support, included in the affidavit, which a non-custodial parent is already contributing to the child's "accustomed standard of living?
Submitted: 6 years ago.
Category: Family Law
Expert:  Maverick replied 6 years ago.
Can you please clarify what your question is so we can better assist you?
Customer: replied 6 years ago.
The NC financial affadavit is used to show current income, expenses and the portion related to the child. Then, when Worksheet B calculations are made, it shows a total need for the child and the portion that both custodial Mom and non-custodial dad are obligated to pay in child support. Does the information in the financial affidavit affect any decision about what the non-custodial parent's child support obligation is, in light of how much he's already contributing to the child's support? Is it taken into consideration when the "needs of the child" and "accustomed standard of living" are being considered?
Expert:  Maverick replied 6 years ago.

http://www.nccourts.org/Forms/Documents/981.pdf

 

Take a look at the link above. I think the problem is that you are using worksheet B instead of worksheet A.

 

 

Customer: replied 6 years ago.
Worksheet A applies to sole custody. The plaintiff has 165 overnights and qualifies for joint custody, therefore, Worksheet B is appropriate. Any other answers?
Expert:  Maverick replied 6 years ago.
Sorry, I will opt out and let someone else assist you. You need not do anything and no charges have accrued to you.
Customer: replied 6 years ago.

Is nobody there that can address my question? It's a relatively simple request for anyone who's familiar with NC child support guidelines. If the plaintiff has 165 nights of custody, he should qualify for Worksheet B to calculate his child support requirement. Under what circumstances would it not be Worksheet B?

 

If the plaintiff gets funds from his Trust principal, is it considered to be income to him? If this income is recorded on the NC financial affadavit and 30% is identified to the child's care, is the non-custodial parent ever given credit for this support, even when the needs of the child or an accustomed standard of living is being considered?

Expert:  Maverick replied 6 years ago.
Hopefully someone with NC family law background will come along soon. Just hang in there.
Customer: replied 6 years ago.
I believe your service could use some more "Experts"
Expert:  Maverick replied 6 years ago.
You are right.
Customer: replied 6 years ago.
I was asked to respond and "Accept" your answer to my legal problem. Your next to last answer was that someone with NC experience should address my questions. Your last answer was in response to my statement that your service needed more "experts". You answered that it did. I haven't received an answer to my questions that was worth paying for.