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I live in NC. My son's father is an aerospace engineer who…

Customer Question
I live in NC. ...

I live in NC.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in NC family court?

My son's father is an aerospace engineer who takes contract work. His rate is $85 - $95 an hour. How will child support be figured?

Lawyer's Assistant: Has he talked to a lawyer about this yet?

No papers have been filed. Not sure. He is very difficult to deal with behaves vilely.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know how is child support handled. He is a "business" owner and owns an office and shop, but he makes his living working in a cube for aerospace companies. His shop is basically an expensive hobby since none of his inventions have made his money.

Submitted: 10 months ago.Category: Family Law
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Answered in 57 minutes by:
11/13/2017
Family Lawyer: LegalGems, Lawyer replied 10 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,600
Experience: Experienced Family Law Attorney
Verified
Is this part of a divorce proceeding or were the parties never married?
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Customer reply replied 10 months ago
Never married.
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Child support is determined primarily on the parent's income and the parenting time schedule.

Here is a child support calculator to determine an estimation.

However, the courts can "impute" income, or charge a party the income they should be able to earn if they exercised due diligence to find suitable employment;

this is often used when a person is under/unemployed.

Further questions? Please post here to continue the chat.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Customer reply replied 10 months ago
Do I calculate his income based on his hour rate or his income taxes? I ask because he takes business expenses for his shop as a deductible. He make no income from his shop which $2500 a month in rent. He goes to an office everyday for a ccompany he consults for.
Customer reply replied 10 months ago
How do I figure child support?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Normally it is by income taxes-adjusted gross income before taxes;

Line 37 if form 1040 is filed;

line 21 if form 1040a;

line 4 if ez form is filed.

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Customer reply replied 10 months ago
before business expenses that aren't truly business expenses? He runs this hobby through his business. That makes it look like he makes a lot less than be does.
Customer reply replied 10 months ago
He works for himself. He contracts. Never works as a direct employee.
Family Lawyer: LegalGems, Lawyer replied 10 months ago

If they are not legitimate business expenses the parent contesting that can file an affidavit to that effect (stating it is a hobby and the business is being used to subsidize those) and the court in its discretion may use the true income amount, so hobby deductions would not be allowed.

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

That is also where the imputed income issue can come in; they can look at the person's skills and work experience and determine the person is not fully employed and charge that person, for purposes of support calculations, as if they made $x dollars, versus actual dollars.

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Customer reply replied 10 months ago
He calls it a Business. When does a business become a hobby?
Customer reply replied 10 months ago
I will have to go to court on this one?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Per the IRS guidelines:

  • Does the time and effort put into the activity indicate an intention to make a profit?

  • Does the taxpayer depend on income from the activity?

  • If there are losses, are they due to circumstances beyond the taxpayer’s control or did they occur in the start-up phase of the business?

  • Has the taxpayer changed methods of operation to improve profitability?

  • Does the taxpayer or his/her advisors have the knowledge needed to carry on the activity as a successful business?

  • Has the taxpayer made a profit in similar activities in the past?

  • Does the activity make a profit in some years?

  • Can the taxpayer expect to make a profit in the future from the appreciation of assets used in the activity?

The IRS presumes that an activity is carried on for profit if it makes a profit during at least three of the last five tax years, including the current year — at least two of the last seven years for activities that consist primarily of breeding, showing, training or racing horses.

If an activity is not for profit, losses from that activity may not be used to offset other income. An activity produces a loss when related expenses exceed income. The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. It does not apply to corporations other than S corporations.

https://www.irs.gov/newsroom/business-or-hobby-answer-has-implications-for-deductions

Generally if there is a dispute as to one's true income court is the solution if mediation/attempts to settle on a fair amount, do not pan out.

The court may award attorney fees and costs to one party if they find the other party misrepresented facts to the court, resulting in additional legal fees (not to mention a waste of the court's time).

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Customer reply replied 10 months ago
Are you in Greensboro, NC?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Unfortunately per the terms of the site we are not permitted to provide personal information nor to represent a site customer.

We cannot provide legal referrals but can provide information to the county bar referral page;

please see:

https://www.ncbar.org/members/lawyer-referral-service/

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Customer reply replied 10 months ago
I have gotten emails from him saying he will stop paying me the Child upport he came up with if I don't sign a custody agreement he drafted. I told him I want to see an attorney before I sign anything. Can he threaten me lime that a quote paying?
Customer reply replied 10 months ago
Can he threaten to stop paying child support lime that?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

No; if there is a current custody order and the party fails to pay, that can result in a contempt charge;

if there is no current court order it is important to get a court order right away so it can be legally enforced.

Since the court is the only one with jurisdiction to determine custody and support a court order is required to safeguard these issues.

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Customer reply replied 10 months ago
I should see an attorney right away?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Threats such as that can be considered by the court when determining custody-if they feel a parent is only interested in custody/visitation to reduce support then that reflects poorly on the praent.

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Customer reply replied 10 months ago
Will this show unfavorable in from of the courts?
Family Lawyer: LegalGems, Lawyer replied 10 months ago

Yes, as the sooner the papers are filed, the sooner one will have a binding court order. If a person is not current, the state can even suspend one's driver license.

Generally, yes

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Customer reply replied 10 months ago
What will a case like this cost me? He scares me too.
Family Lawyer: LegalGems, Lawyer replied 10 months ago

That depends on the attorney's hourly fee - it varies based on location, experience, prestige, etc.

If a person is threatened they can seek a protective order -the family law attorney will be able to assist with that as well.

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

You can also check to see if the local law schools/libraries offer free legal clinics.

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

I have an appointment so if you have further questions there may be a delay in my response;

please post here and I will respond as soon as I can;

otherwise if no further questions kindly rate 5 stars so the site credits me for assisting you today!

Good luck to you on this child support/custody issue.

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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