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though I could very well be wrong.  Neither my DH nor I have been in that situation.  I do know that without valid proof (like previous tax statements, W-2s, proof of work potential due to degree, etc), the judge will NOT impute over minimum wage.  Minimum wage will rise to $6.15 an hour in NC after 1/1/07, though to be honest, minimum wage really does nothing to CS when the NCP makes more than 3X as much as the CP.  If your DH will be paying more than 70% of the total obligation on the CS forms, it could be worth your money to deviate from the guidelines and ask the judge to award your DH at least one tax exemption (I would ask for both to start out) since the CP will not be working.  Your CS may be somewhat higher, but it may be worth it during tax season.  Just do the worksheets and you can determine it for yourself.

Good luck!

No one (including the courts) can force BM to work.  However, if she has the ability to work FT and isn't, her income may be imputed.  From the same webpage I posted in the previous thread.....

"Potential or Imputed Income. If the court finds that the parent's voluntary unemployment or underemployment is the result of a parent's bad faith or deliberate suppression of income to avoid or minimize his or her child support obligation, child support may be calculated based on the parent's potential, rather than actual, income. Potential income may not be imputed to a parent who is physically or mentally incapacitated or is caring for a child who is under the age of three years and for whom child support is being determined.

The amount of potential income imputed to a parent must be based on the parent's employment potential and probable earnings level based on the parent's recent work history, occupational qualifications and prevailing job opportunities and earning levels in the community. If the parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a 40-hour work week."

Also, it's not guaranteed that either parent will pull their 50% responsibility.  In NC, it's all based on the respective incomes of the parents.  My DH pays almost 80% of the total support obligation for his children, whereas my ex only pays 40% of the total support obligation for our DD.  Both parents would need to make roughly the same amount of money in order for each parent to pull their 50%.  Hope this helps.  

You will need to pull out the paperwork from the June decrease to determine whether medical insurance was included in the new calculations. There is a separate line item if medical support was included.  My guess is that since the new husband can no longer insure the children, BM has requested to have CS re-evaluated so that insurance will be figured into CS.  The courts cannot make her husband insure the children at all.  See this link regarding CS and health/dental insurance.  It's easy to understand.

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

If your DH has obtained a new job and is eligible for benefits, here is what can happen from the CS guidelines.

"The court may order either parent to obtain and maintain health (medical or medical and dental) insurance coverage for a child if it is actually and currently available to the parent at a reasonable cost. Health insurance is considered reasonable in cost if it is employment related or other group health insurance, regardless of delivery mechanism. If health insurance is not actually and currently available to a parent at a reasonable cost at the time the court orders child support, the court may enter an order requiring the parent to obtain and maintain health insurance for a child if and when the parent has access to reasonably-priced health insurance for the child."

It's quite possible that your CS will increase if pay stubs have to be presented at this upcoming appt.  Read the above guidelines.  

when he goes back for a modification next Aug.  He will get credit for the new baby, but my income will not be figured into the worksheet at all.  It will be based solely on his income.  

I have been thinking of you.  I hope all is well with you.  Please let kiara know I am thinking of her as well.

or they impute income, you guys are still not going to get much more than $66/month.  I'll be interested to see what your attorney says.  You guys definitely have an interesting case.  

The slot for "other parent income" is for things like second jobs, etc.  It has absolutely nothing to do with a spouse's income. From the ncchildsupport.com website:

"Except as otherwise provided, income does not include the income of a person who is not a parent of a child for whom support is being determined regardless of whether that person is married to or lives with the child's parent or has physical custody of the child."

Edited to add: I misunderstood part of your question.  Now, I understand what you are trying to say.  But, I doubt a judge will let you subpeona her ex's financial records.  I don't believe his income would even have an effect on your support from her, as CS received is not figured into the calculation for your support, only her income and the number of other children she has to support, as well as those few other items one gets credit for in NC.  Basically, unless she is forced to go back to work FT, I think you guys are going to get little to nothing from her.  

North Carolina's Child Support is centralized in Raleigh, but orders are entered in the county in which you reside. You may be able to call CSE in Raleigh and they may be able to assist you. Generally, everything starts at the county level though. Here is the link to the centralized CSE:

http://www.ncchildsupport.com/

Good luck!

Hello Soc,

State is NORTH CAROLINA

Consent Order signed Oct 1996. Gives both parents joint legal and physical custody of minor (every 3 day rotation). No child support to exchange hands. For various reasons, minor child has resided with mother (myself) since Feb 1997. Father did not provide support from 1997-2004.

CO states parents are to alternate years claiming child as tax exemption. Father has never claimed child as I have provided minor's support since Feb 1997.

I asked for CSEA intervention in June 2004 when it was evident that father did not wish to voluntarily help support minor child as had been discussed. Went to court in Oct 2004 to establish CS and father was ordered to provide CS on monthly basis to the CSEA. I voluntarily agreed to accept less than the worksheet recommended amount.

Now that father is paying CS, he believes that he should get the exemption for the years stipulated in CO. NC's support formulas take into consideration the payee receiving the tax ememption when support is calculated, meaning I should receive the exemption. Problem is we have this Consent Order, which states differently. I will be happy to provide exact wording if needed.

1. In order to be granted the tax exemption from a legal standpoint, would I need to file a motion to modifiy the Consent Order stating plaintiff (myself) is to receive the tax exemption yearly?

Thanks for any help you might be able to provide.

:-)