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LegalKnowledge, Attorney
Category: Legal
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I live in North Carolina and have been divorced for four

Customer Question

Hi, I live in North Carolina and have been divorced for four years. My ex-husband and I have two daughters together, and we settled the matter of child support out of court. At the time he committed to pay $1500/month until the girls were 18 - this was a legal document written by a lawyer, which both of us signed. Over the past four years he has made the $1500 monthly payments without fail.
Since the divorce, we have both remarried. I have a 19-month old from this marriage in addition to two stepchildren (we share custody with their mother). My ex-husband is expecting a baby in January.
After four years, he has decided that he has paid far too much in support and wants to cut the sum in half, or even less. He takes home $8k monthly, whereas I take home $3k. I understand that the calculations are in his favor; however, if I decide to fight this, will precedence become a factor? We have long relied on this as a part of our income, and it was factored into my mortgage, car lease and so on.
Submitted: 1 month ago.
Category: Legal
Expert:  LegalKnowledge replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 1 month ago.

Child support is based upon the needs of the children. If he no longer wants to pay the $1500 a month and this can not be worked out, then the Judge will step in and decide, based upon what the law allows and calculations show. Now, if the children have been use to a specific type of life style, you can certainly argue and show that with the decrease of support, this will be effected and then it will be up to the Judge to decide if he can continue to afford to pay this and it is necessary, based upon his salary. You have every legal right to fight this and can show and support why there needs to be an INCREASE and the Judge must deviate from the standard calculations and if you can convince them, it can be granted.

Expert:  LegalKnowledge replied 1 month ago.

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