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NC Child-Support
I live in North Carolina. I currently pay child support through the
court system. It was started when the mother of my kids requested it be paid about 9 years ago. Never behind or anything like that, but need to know how to get it reduced. My ex and I are in total agreement about what she wants to receive each month (believe it or not!). It's considerably lower that what I'm paying. My question, can she simple request a lower amount from DSS or do we have to involve lawyers and the whole mess? Remember, she requested this to begin with, the system only makes sure it's paid on time. |
#2
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NC Child-Support
"Gre0145" wrote I live in North Carolina. I currently pay child support through the court system. It was started when the mother of my kids requested it be paid about 9 years ago. Never behind or anything like that, but need to know how to get it reduced. My ex and I are in total agreement about what she wants to receive each month (believe it or not!). It's considerably lower that what I'm paying. My question, can she simple request a lower amount from DSS or do we have to involve lawyers and the whole mess? Remember, she requested this to begin with, the system only makes sure it's paid on time. == Courts frequently take the position that CPs do not have the right to bargain away the child's support. Yep. Once courts are involved, they make the decisions for both parties with the assumption that they are better deciders re the best interest of the child. So, it depends on the judge's mood that day. |
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NC Child-Support
On Aug 3, 12:30 pm, Gre0145 wrote:
I live in North Carolina. I currently pay child support through the court system. It was started when the mother of my kids requested it be paid about 9 years ago. Never behind or anything like that, but need to know how to get it reduced. My ex and I are in total agreement about what she wants to receive each month (believe it or not!). It's considerably lower that what I'm paying. My question, can she simple request a lower amount from DSS or do we have to involve lawyers and the whole mess? Remember, she requested this to begin with, the system only makes sure it's paid on time. You don't necessarily need a lawyer to file a motion for a reduction. If you aren't familiar with court procedures and forms, etc. you might check the Web site for the family court in North Carolina. The forms you need and the instructions for filing may be there for you. Gini is correct though -- just because your ex doesn't object to you paying less doesn't mean the court will agree. If you know for a fact, however, that you are paying above the guideline amount for your income, you may have a chance at getting a reduction. Find out what the NC guidelines say for your situation. Sometimes there are free calculators out there on the Web. If after crunching the numbers you are confident you are paying above the guidelines, consider filing for a reduction. Be careful though -- if you make a mistake in your calculations or understanding of the law, the judge could find that you are underpaying, and you might end up being ordered to pay more. It is always a risk revisiting CS amounts. Good luck. |
#4
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NC Child-Support
"Gre0145" wrote in message ups.com... I live in North Carolina. I currently pay child support through the court system. It was started when the mother of my kids requested it be paid about 9 years ago. Never behind or anything like that, but need to know how to get it reduced. My ex and I are in total agreement about what she wants to receive each month (believe it or not!). It's considerably lower that what I'm paying. My question, can she simple request a lower amount from DSS or do we have to involve lawyers and the whole mess? Remember, she requested this to begin with, the system only makes sure it's paid on time. The two of you can make the change immediately, since you are in agreement, before DSS gets involved to formally reduce the amount paid. All you have to do is continue paying the previously ordered amount (so you get credit for paying it) and she can send you a refund directly. Even if the court won't agree with your parenting plan and CS amount the two of you can work it out by using the payment/credit process like the one above. |
#5
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NC Child-Support
On Aug 3, 6:00 pm, "Bob Whiteside" wrote:
"Gre0145" wrote in message ups.com... I live in North Carolina. I currently pay child support through the court system. It was started when the mother of my kids requested it be paid about 9 years ago. Never behind or anything like that, but need to know how to get it reduced. My ex and I are in total agreement about what she wants to receive each month (believe it or not!). It's considerably lower that what I'm paying. My question, can she simple request a lower amount from DSS or do we have to involve lawyers and the whole mess? Remember, she requested this to begin with, the system only makes sure it's paid on time. The two of you can make the change immediately, since you are in agreement, before DSS gets involved to formally reduce the amount paid. All you have to do is continue paying the previously ordered amount (so you get credit for paying it) and she can send you a refund directly. Even if the court won't agree with your parenting plan and CS amount the two of you can work it out by using the payment/credit process like the one above. I thought about that but I'm trying to show income to a bank in order to get a home loan. Doubt they will consider that income. The sad fact is my ex-wifes husband makes twice what I make so they are in great shape financially. But, they don't consider the spouses income in this type of situation, right? Only hers. Since he is not the biological father. |
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NC Child-Support
"Gre0145" wrote in I thought about that but I'm trying to show income to a bank in order to get a home loan. Doubt they will consider that income. The sad fact is my ex-wifes husband makes twice what I make so they are in great shape financially. But, they don't consider the spouses income in this type of situation, right? Only hers. Since he is not the biological father. In reality, the government conceders your life worthless as only the needs of the mother and child matter. If your income has not changed, there is no grounds for a reduction. |
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