needananswer
New
Reged: 05/26/08
Posts: 2
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My wife and I live in Louisiana. Her son (8 yrs old) recently had to move to North Carolina with his father for educational purposes. My wife's ex-husband had been paying child support according to the judgement set forth in Louisiana (where the marriage and subsequent divorce was filed). Now that her son is not living with us, will my (step-parent) income become a factor in determining child support? Also, my wife & I have two children under the age of 5. My wife is a full time mom. Would she be forced to get a job and send our two children to daycare in order to pay child support for her son in North Carolina...??? Any info would greatly be appreciated!
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3212
Loc: Florida
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Your income shouldn't matter...as far as your wife goes though they could simply impute income to her if she's not working and base child support on that amount. You would then obviously be the one paying the support as she has no income. Or she could get a job to pay it herself, don't know how much child care costs but that may be the best option or not depending. The court won't order she get a job and send your children to daycare, but they will order that she find a way to support the other child. Is it worth it to you for your wife to stay home with the other kids? Or would you rather not pay her child support obligation and have her working?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2179
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She will be expected to support the child , income will be imputed to her based on what she could realistically be expected to earn . Either she gets a job and pays herself or you pay for her .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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needananswer
New
Reged: 05/26/08
Posts: 2
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Wow, great reponse! Thank you very much for the quick reply.
To answer your question, I would gladly pay my wife's share of support (provided it was financially possible), since it would cause the least amount of change in our family's life. Daycare is roughly $400-$500 per child. My wife has only a high school diploma behind her name with no specific trade, so she would not be making much more than minimum wage. That's why we made the decision to tighten things up and keep the young ones at home. It has worked ok for us. I was just worried that my income would be used to increase the gross income of the two parties.
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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Your income isn't going to matter. They aren't going to force her to go to work, but they are going to impute income to her (to what she made before she left the workforce) and she is going to have to help support her son from her previous marriage, as she should.
Whether or not she goes back to work all depends on you, if you refuse to pay it then she is going to have to go back to work to pay it. You need to look at how much daycare is, if it is more than what she would make or if she would make just enough to cover daycare costs.
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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Actually I'm in NC.... if the dad files through NC (and he can after child is here for 6 months b/c then the child is a resedent of NC. You're income will be a factor in the CS because you and the biomomma share children. Your income will be used to show support division of the younger children. In NC both bioparent's income is factored into support. The court will impute income on her as the child in question is over the age of three. Run the calculator.... www.ncchildsupport.com
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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[quote]Actually I'm in NC.... if the dad files through NC (and he can after child is here for 6 months b/c then the child is a resedent of NC. You're income will be a factor in the CS because you and the biomomma share children. Your income will be used to show support division of the younger children. In NC both bioparent's income is factored into support. The court will impute income on her as the child in question is over the age of three. Run the calculator.... www.ncchildsupport.com [/quote]
Jursidiction doesn't necessarily follow the child. If the divorce was done in Louisana, then that is where jurisdiction will remain as long as one of the parties reside in that state.
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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If the child lives in NC for 6 months, the case may be transefered to this state.
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