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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41573
Experience:  30 years as a family law lawyer .
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My fiancee and I live in the State of NC. We were recently

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My fiancee and I live in the State of NC. We were recently given some custodial rights to a child we have been taking care of since she was born. We understand that we will be liable for child support....question is how much? The mother recently married. Does the state of NC count her new husband's income?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?give me some more information. Were you given custody of the child here or what? I want to help you here and give you a better answer

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 8 years ago.

My fiancee has always been portrayed as the father in public and to the minor child born 5/17/01. Her mother and new husband were moving out of the state and taking the child with them. We hired a lawyer and was granted some custodial rights because he has been there for the child/mother financially and emotionally since her birth. DNA test was performed in 2003 that was not favorable and proved he was not her father. However, the mother continued to allow him to be in her life and provide for them financially. The agreement reached on 3/27/09 allows us to have the minor child during the summer, fall/spring breaks, week at Christmas and every other Thanksgiving. When discussing the proposed agreemnt with the lawyer, he said not to mention anything about support. However, when we went to review the agreement (30 minutes prior to the mother coming) he had added support into the agreement. The agreement states that my fiancee is liable for support under the NC Child Support guidelines (schedule B) and for carrying the child on his insurance. We are trying to be proactive and determine approximately how much support he will be liable for. Hope this gives you some more information. FYI - we feel a little deceived by our lawyer. It appears that he was playing both sides of the fence and we don't know if we should trust what comes out of his mouth. OUR lawyer told the mother to wait until she obtained a job in Texas before filing for support. He did not want her previous income being used if she obtained a job making less in TX. We had to obtain a court order which gave us temporary custody of the child on 3/20/00. Court date set for 3/27/09. When the mother appeared at OUR lawyer's office. He spent 1.5 hours talking with the mother/husband at our expense. I am not undermining any lawyers ability, but it just caught us off guard.

Expert:  RayAnswers replied 8 years ago.
So I am assuming here that you were named the legal father here of the child. Otherwise I would not advise you to commit financially to the child as a parent here providing support and insurance but that is your call.

They will not count her new husband's wages becasue they are have named your fiance here as legal father. So they only look to the two parents for support. Just understand that you have committed here financially here for the rest of the child's life up til age 18.

This is a unique situation here. But you can't have custody or visitation here unless they named fiance as the legal father in all likelihood. If you have follow up here please let me know.
Customer: replied 8 years ago.

The court agreement does not list him as the legal father anywhere. The alleged father has been contacted and wants to take a DNA test. However, the mother/husband changed their numbers after contacting him. We are in contact with the alleged father who wants to take the DNA test, but does not know how to reach the mother to accomplish this task. Therefore, I am almost positive that my fiancee was not named the legal father. All of this information was disclosed to our lawyer.

Expert:  RayAnswers replied 8 years ago.
Well you need to ask some hard questions . Why are you being asked to pay support if this isn't kid. This amounts to extortion here. I think you are entitled to visitation without providing insurance and support. He can't carry the child on his insurance if he isn't the parent or I guess he was given custody rights.

This is dangerous territory here and I would not sign anything you don't understand here. I would feel a lot deceived by my lawyer. I think it is time for " come to jesus" meeting as we call it in the legal world here with your lawyer.

What exactly are you committing to here.Know what ti is you are getting into. I would tell your fiance to run away here before I would sign something like this. I mean I understand he wants to be in the child's life but he isn't his legal father and it sounds like to me she is blackmailing here for money and insurance..

You need to have a meeting with your lawyer and review all of this before you commit to this. I am sorry but this has real potential liability for a lot of years here. I wish you good luck with the lawyer and resolving it all.
Customer: replied 8 years ago.

I wish that we had talked to you earlier. The papers were signed on 3/27/09 prior to the court appearance. As stated earlier, I felt like the lawyer was playing both sides of the fence. The agreement was plain and simple until we got to the area of support. We knew that we would be liable for support, but we wanted to put a set amount into the agreement. The lawyer said NOT to mention it at all. However, when we went to review the agreement, support was mentioned and was to be calculated based upon Schedule B. I asked him what is schedule B. He explained when the worksheet was used - joint custody and stated that the amount we would be paying would be substantially less than using the schedule A. He said this was a great battle if the mother would sign stating that support would be done based on the schedule B even though we would not have the child the required 123 nights. As mentioned earlier, the mother/husband was scheduled to appear at the office within 30 minutes of us reviewing the agreement. We thought the lawyer would be looking out for our best interest. Obviously NOT. Hopefully, this is my last question...If the minor child was to decide that she did not want to visit anymore during the summer (not because of bad blood, but as children get older, they may want to stay with their friends and be involved with school activities during the summer), would we be able to stop the agreement?

Expert:  RayAnswers replied 8 years ago.
Well all I can say is maybe. This is something you need to ask your lawyer with the agreement in front of you. If you are paying here and not named as the legal father then you would have a better chance. You are getting a break I guess on the amount but I am still not sure why you have to pay unless the court insisted on it.

You need to meet with the lawyer and make sure what the orders here commit you to and whether it can be changed. This is not a standard kind of thing but a unique situation. You may well be able to end it here unless you were named as a parent(father).
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