CS modification for other children

[cathy]

Just wondering if anyone knows  - - -

We are in NC and have my husband's 2 kids full-time.  His ex pays child support, and has another child with her current husband.  The NC child support worksheet allows a credit for additional children, but it also has a slot for the other parent's income (ie ex's new husband) so that this amount can be calculated.

Husband's ex had child support modified back in March due to illness Was really somewhat of a joke as she had no paystubs or anything, just a note from the dr saying she needed to 'cut back' her hours.  We didn't even get a copy of the dr's note.  Judge must have felt sorry for her and set child support based on the currently hourly rate and 20 hours a week.  They also put in a full credit for her other child - - and that put her below poverty level and cut her child support from $340/month to $66/month - - - for 2 teenagers!  

Anyway - the judge did order a review in Sept, when the ex is suppose to bring paystubs.  I doubt she does and we will probably have our lawyer subpeona them.    But curious if we could subpeona the new husband's income records since that is needed to fully fill out the worksheet.  Anyone know?

I mean - I know his income has nothing to do with the support of the kids - - just like my income doesn't.  But it does have a lot to do with the support of his kid which does affect the child support calculation.
(Our lawyer is out of the country for a couple of weeks.  I'll ask her when she gets back, but am just curious)

[becky]

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.  

[cathy]

The amount of credit she is given for her other child is subtracted from her income - - which has an effect on the child support calculation.  The amount her husband makes has an effect on the amount of credit she is given.

I did find child support laws -  basically, the the basic child support obligation is subtracted from her income for other children - UNLESS the other children's father lives with them.  In that case, than she only gets to subtract 1/2 the basic child support obligation.   Also, this basic child support obligation is determined by the combined incomes:

http://www.sog.unc.edu/pubs/electronicversions/pdfs/childsupport.pdf

and search on 'other children'

Now given this, I'm not sure how that can be calculate WITHOUT her husband's income.  But it sure doesn't seem like you should be able to subpeona that information.

Of course, I guess if she didn't want to provide that information, she could forego her credit!

[tigger]

When they calculated my ex's portion for his child with his current wife, her income was put in there and his portion was then deducted from his available income for our kids.  (Not sure why they think that's fair but whatever.  Subsequent kids get the benefit of 100% of the NCP's income but the first kids get what's left.  Whatever.)  

Not sure if you can get his income.  I'll be going through the same thing next year because according to my ex's wife's ex, she lied about her income on the form, thus increasing my ex's responsibility to their child, decreasing available income for our boys.

[Amy_in_MA]

is rolling around soon, isn't it?

--------------------

Dream lofty dreams, and as you dream, so shall you become. Your vision is the promise of what you shall one day be; your ideal is the prophecy of what you shall at last unveil.

     ~ James Allen

[becky]

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.  

[becky]

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

[Amy_in_MA]

--------------------

Dream lofty dreams, and as you dream, so shall you become. Your vision is the promise of what you shall one day be; your ideal is the prophecy of what you shall at last unveil.

     ~ James Allen

[LAK]

also gives the parties a credit for other children.  It only looks up the obligation based on the parties income, not the spouses.  They look on the table what his obligation would be to our children based soley on his income.  If they added my income into the mix, the amount from the table would be what both of our obligations are.  I hope that is making sense.  The higher the income the higher the monthly obligation, thus only using his income lowers the credit amount he gets.  Also, by the time the credit is deducted from income, then the net is looked up on the table for his portion of CS for SD, it really doesn't lower the CS that much.

[cathy]

And really, when it is all said and done, it is just money.  And to be painfully honest, it is more about wanting to make her pay in the only way we have.

Maybe I should just let go........................but that ain't always easy, is it chick?