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Messages - becky

Pages: 12 3
When SD lived at our home and SS lived with his mother, DH had to pay BM since he made considerably more than minimum wage.  BM doesn't work and her income was imputed at min wage so DH had to pay her for SS living with her.  

regarding this fee in NC.  Thanks.

Child Support Issues / Form 8332... this would be addressed
« on: Dec 08, 2006, 11:37:55 AM »
with the judge when recalculating CS.

Child Support Issues / You can file to have CSE
« on: Dec 08, 2006, 10:35:23 AM »
collect your CS, and also review your CS if there has been a 15% change in CS calculation or 3 years since last review.  The judge will likely imput income and recalculate CS on new figures, however, will probably not award tax deduction since she is remarried and her DH is working, thus using the exemptions.  The deduction is automatically figured in the CS as going to CP.  If you want the deduction, you will likely see an increase in  CS (deviation), or you can have your ex's income set at $0 and you would likely be able to claim that you deserve the exemptions and receive them.

Child Support Issues / In NC, processing fee of $25 is charged
« on: Dec 08, 2006, 10:28:51 AM »
to the person requesting assistance and is not charged to anyone other than the person requesting assistance.  If one is on public assistance, CSE is automatically involved in the case.

FYI.... the links I've posted do have the updated CS guidelines for NC as links.  When you posted this weeks ago, I checked to see if either DH's or my CS would increase with the new guidelines, and they do.

Child Support Issues / RE: There are some NCP's out there that...
« on: Oct 17, 2006, 10:16:42 AM »
A CP could also take a second job to provide the extras she/he would like to provide for the child.  BTDT.

1. Given that my ex has no income herself, is the court likely to rule in my favor if I petition to be allowed to claim our children as dependents?

Based on NC CS guidelines (see this link https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp), it is presumed that the CP will claim the children as dependents, even if they do not work.  A NCP can petition the court to claim the children as dependents if the CP doesn't work or would receive no financial gain by claiming the children as dependents.  If the court allows the NCP to claim the children as tax exemptions, which is a deviation from standard guideline support, the judge can order the monthly CS to be higher than what it would be if the NCP didn't claim the children.  As Soc stated, you do have a good chance of getting a judge to award you the exemptions, if not both, then one and may not raise your CS obligation.

2. If I request a modification of my child support, is the court likely to impute an income to my ex (which would lower my obligation)? If so, would the court impute to her the minimum wage, or a higher wage based on her actual work history?

A judge can impute her income to a salary based on her work history.  Personally, if she was making $30K six years ago, she should still have that potential (or close to that amount unless it was in the textile, furniture, or tobacco industry, then it's debatable), but a judge only has to impute to min. wage.

3. If my ex files a joint return with her husband, and claims the children as dependents, is her husband's income at all relevant in calculating child support?

Not at all.  In fact, you may not win your petition to a be allowed to claim the children as dependents if her spouse can claim them, as it is presumed that the CP will claim the children and CP and children are part of spouse's household, therefore it is to their advantage to use the exemptions.  BTDT.

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