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We have a family law, child support question. North

We have a family...

We have a family law, child support question.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

No. We currently have a child custody agreement but it is dated and incomes have drastically changed

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Answered in 1 minute by:
12/6/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation?

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Customer reply replied 7 months ago
We currently have a court ordered child support payment for 1050 total for two children. At the time of this agreement my salary was 110,000 and his around 270,000. He now carries the medical insurance for both children, when I carried it he gave me 80 extra dollars a month at that time. He has now had multiple promotions and purchased a 975k home and new Tesla. He also has me pay for child support during my holiday days with the two girls and during my selected two weeks in the summer. We get to pick two weeks in the summer but the rest of the time is split him Monday and Tuesdays and Me Wednesday and Thursdays with alternating weekends. I also now have a two year old that was not accounted for in the calculation, which the agreement was set 3 years ago but not confirmed until now what is two years ago by the court. The court ordered document states that child support began September 2014. I believe he now makes over 350k and I have had a raise too which I’m at 135k now. With us both having incomes over 100k will a judge consider changing child support or will this amount be what I️ receive until they are both 18. We are both now living with other partners, if that makes a difference.
Customer reply replied 7 months ago
Sorry not pay for child support but child care during holidays and my selected summer weeks during working days. Our current agreement is 72% him and 28% me for child care and insurance expenses. He says because it’s my holiday or week that he does not have to pay the percentage because it is my time and not his.

There's nothing in the law that says you have to pay him support when he has the child or that he gets to avoid paying when you're on vacation. The law says the opposite - he pays year-round because you still have a mortgage. It's not like the bank or car insurance lets you pay less because the kids aren't around or because you went to Disney World.

It'll just take me a few minutes to type up everything else.

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Customer reply replied 7 months ago
My main question is will a judge typically in NC increase the child support with drastic income changes or will it just remain the same? Since we both make over 100k I wasn’t sure if a judge would even consider an increase?

You can request an increase, and should get it. Because it's been 4 years since the child support order was entered, and both incomes have increased significantly, you can request that the judge modify it based on a material change in circumstance. Usually, any change of about 20% or more is considered significant, and you should be able to show that. You could also ask for a cost of living increase since those are common.

Neither new partner's income will be considered, because they don't have a legal obligation to support children you have from a prior relationship. Similarly, the judge won't consider that you now have a new child (who I assume from what you said does not have the same father).

Take a look at the child support guidelines. The state has worksheets online. You can put in your respective current incomes to see what a judge would likely order you to pay if you went back to court. If you don't want to go back to court, you can use that as a starting point to negotiate a change yourselves. But if he says no or won't be reasonable, then at least you know what you may be able to get from a judge.

https://nddhacts01.dhhs.state.nc.us/WorkSheet.jsp

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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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