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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 14 years experience
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My husband and I are finalizing our divorce. We have 1 child.

Resolved Question:

My husband and I are finalizing our divorce. We have 1 child. When it comes to child support, is it a law that states the income of each party must be reviewed every year to determine if the child support amount changes? We have joint custody of our child. We already have in our agreement that we split the child care costs and medical insurance 50/50. Also have that if any other expenses come up as in camps, sports, music lesson etc that the cost will be shared 50/50. We live in North Carolina. If we share everthything straight down the middle and have him equal amounts of time what difference does it make if one of our incomes change?
Submitted: 4 years ago.
Category: Family Law
Expert:  Barrister replied 4 years ago.

Hello,

 

In NC, Non-Public Assistance cases are only reviewed at three (3) year intervals, when requested by either the Non Custodial Parent NCP or custodial parent CP. So unless NCP or the CP requests a review, none is automatically performed.

.

The responsible caseworker examines the case data to determine if any barriers to the review exist. When caseworkers determine that the request is warranted, they send a Notice of Impending Review to both the NCP and CP. This Notice states that the review request is being honored and indicates that the review will begin thirty (30) days from the date identified on the notice. This notice also requests any pertinent information that would affect the review process or its final outcome.

.

When responsible caseworkers determine that the request for review is unwarranted, they end the review process for that case, document the reason for the review denial, and notify the CP and NCP.

.

.

thanks

Matt

 

 

Customer: replied 4 years ago.
Thank you Matt.If you can just clarify 1 thing for me-If 1 spouse wants a review every year (to have that legally documented on the final divorce papers) and the other doesnt, you are saying by law the one that does will have to request it every year and a mediator will have to get involved to see if it is warranted. Otherwise it will be reviewed every 3 years. is that correct?
Expert:  Barrister replied 4 years ago.

No, it will never be reviewed unless one of you requests it.

.

Even if one of you requests it, it can only be reviewed every 3 years under NC law.

.

So if one of you asks for it to be reviewed after 1 or 2 years, the review will be denied. It can be reviewed at year 3, 6, 9, etc...

 

thanks

Matt

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22703
Experience: Attorney with 14 years experience
Barrister and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi Matt. I have one more question regarding the child support. If 1 parent has a commission based job (insurance salesman) does that affect how often the amount of child support can be reviewed? My spouse is insisting that because my paycheck may fluctuate every month that they have a right to review it every year.
Expert:  Barrister replied 4 years ago.

Answered in other question.

 

thanks

Matt

 

 

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