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Thanks for both responses. I appreciate it.

"If NC has income shares (payment is based on a percentage determined by each parent's income in relation to the other parent) then they may be trying to sidestep any decreases over time."

Bingo. I believe this is the reason -- though not because of my ex's increase in income, but because she stopped working.

CS was originally set via NC Guidelines (which I believe is income shares based) when my ex was working full-time and had full-time daycare. *Both* these factors *increased* my cs.  When she started working, a larger percentage of our joint income was earmarked for our children -- and my cs went up.

Now she has remarried, has voluntarily stopped working, and no longer has work-related daycare expenses. I've petitioned to modify cs, asking the court to (a) impute to my ex her former salary, (b) recalculate with no work related child care expenses, and (c) award me the tax deduction for our children, given that my ex does not have wage income.

I may also see if I can have my payments made through child support enforcement going forward.  I have no concern that she'll claim nonpayment, and she has no concern that I will skip paying what's ordered.  But I might like a third party reviewing my payment -- and I would like to get reductions I am entitled to without incurring huge legal fees or spending a lot of time learning the intricacies of our legal system myself.

Thanks again.

Hello all,

I'm an NCP Dad in NC. When my child support was first set 6 years ago my ex's attorney specifically asked the court that I pay my ex directly, rather than having my wages garnished by Child Support Enforcement.

I'm trying to understand why it is to my ex's benefit that I pay her directly.

Does Child Support Enforcement take a cut of the cs they collect?

Or does Child Support Enforcement require financial disclosures from the cp, that my ex and her attorney might want to avoid?

Thanks for any responses.

Hello Becky,

I'm in NC. I also posted this to Socrateaser, who was kind enough to respond.

One additional note: In our current, 6 year old cs order, the court found that my ex was making $3000 / month. She left that job voluntarily after she remarried. I wonder if that finding is sufficient for the court to impute to her the same income now?

Hello all,

I'm an active, ncp Dad with two elementary school age children. My ex is remarried and doesn't work.  My current child support obligation was set about 6 years ago, when my ex was working and had work-related daycare expenses.

The past two years my ex has agreed to sign an IRS Form 8332 and allow me to claim the children as dependents. This year she is refusing to sign the form.

Questions:

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?

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?

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?

Thanks for any guidance you can provide.  

Hello Soc,

Thank you for your work here, and your past advice to me and others.

I am an NCP father of two minor children in NC. CS was last set approx 6 years ago. Since then my ex has remarried and stopped working.

Last month I filed to modify child support, asking for (a) the tax exemptions for our children, and (b) cs to be recalculated with income (but no child care expenses) imputed to my ex.

Today, my ex's attorney contacted me and proposed that my ex would grant me the exemptions for 2006, if I signed a Notice of Voluntary Dismissal with Prejudice.

I am willing to keep my cs at current levels in return for being granted the tax exemption. But I am not sure it is wise to sign a dismissal "with Prejudice."  

Questions:

1. Would such a dismissal prevent me from seeking redress if my ex refused to grant me the exemptions in future years?

2. Would such a dismissal prevent me from filing for modification if and when my ex or I have a new material and substantial change in our circumstances (eg, my ex suddenly starts earning $200k per year; I become unemployed; my older child graduates from high school and turns 18, etc).

3. Given that I am satisfied to maintain current support, IF my nonworking ex allows me to claim our children's exemptions every year, is signing such a dismissal advisable? Or should I propose another mechanism?

Thanks in advance for your guidance, Soc.

Hello Soc,

I'm an ncp Dad of an 8 and 10 year old in NC. My child support obligation was last calculated 6 years ago, when my ex worked and had daycare expenses. Within the last three years she has remarried and stopped working.

For the last two years my ex has signed a Form 8332, allowing me to claim our children as dependents. She refuses to do so for 2006, even though she had no wage income. She may be intending to file a joint return with her high-earning husband.

Questions:

1. Given that my ex has no taxable income, am I likely to be awarded the right to claim our children as dependents, if I petition the court for this?

2. If I file to modify child support, is the court likely to impute income to my ex?  If so, will the court impute minimum wage income, or a higher income based on her previous work history?

3. Will the court simultaneously impute income to my ex AND allow me to claim our children as dependents?

4. If the court imputes 40 hour per week income, does it simultaneously impute work-related child care expenses (ie, the costs for after school care?)

5.  If my ex and her husband file a joint return, and claim our children as dependents, is their combined marital income used in calculating child support? This would significantly lower my obligation.

Many thanks, Soc.

Hello all,

Five years after going through the financial (as well as emotional) trauma of divorce and becoming a non custodial father (NCP), I'm finally ready to buy a home.

I have excellent credit, a stable job and enough assets to pay off all my consumer debt and make a down payment.

The ONLY potential obstacle to my qualifying for an FHA-backed mortgage is my child support obligation (CSO).

Some online calculators suggest that lenders treat a CSO exactly as a consumer debt obligation.  

If lenders will in fact treat my $1100 CSO obligation equivalenty to a consumer debt,   there's no way I'll qualify for a mortgage. My CSO alone will nearly max out my allowable "debt ratio."

Has anyone else gone through this process? Can anyone confirm that a CSO does restrict the ability to qualify for a mortgage...and is treated exactly the same as consumer debt?

And if so...does that strike anyone else as unjust?

After all, a CSO isn't really a "debt," but in theory a "reimbursement of expenses" from the NCP to the CP for their child's or children's living expenses.

In intact families, children's living expenses (eg, food, clothing, recreation, etc) are not taken into account in the mortgage application process.

So why should they be taken into account in divorced families, by requiring NCP's to document CSO's?

Isn't this in effect discrimination on the basis of marital status?

Thanks for any thoughts.

Hello all,

I'm an ncp dad of two elementary age kids. My ex is remarried, but after 2.5 years of remarriage her husband recently moved out of the marital home.

My ex doesn't work: She quit her clerical job shortly after her wedding and had few assets when she remarried. But during her remarriage she and our children have enjoyed an affluent lifestyle, thanks primarily to her husband (I pay cs, of course, but it isn't sufficient to fund her upscale lifestyle).

If my ex divorces, is she likely to get alimony or post separation support, given that she is a dependent spouse?  I doubt her husband is guilty of marital fault.

Is she likely to get any property, given she brought few assets to the marriage...and her husband I assume protected his assets by not commingling and with a prenup?

Personally I don't think her husband owes her much.  But I'm concerned because she is the cp of our children, and I don't know where they will live and how she will support them if her marriage ends.

Any thoughts on how long she is likely to be able to stay in the marital home? And what, if any, pss she might get, and how long it might be given for? Thanks in advance for any replies.