In the case of Keaton v. Keaton, the North Carolina Court of Appeals reviewed the trial court’s determination that neither party met their burden of proving that there had been a substantial change in circumstances affecting the welbeing of the minor child. The parties separation agreement, which was incorporated into…
The North Carolina Court of Appeals considered State v. Bryant. This case was on appeal to address the issue of Father’s child support arrears. The case involved the registration of a foreign judgment for divorce which also contained provisions for child custody and child support. The foreign judgment was orginally…
The North Carolina Supreme Court remanded the case of Underwood vs. Underwood to the North Carolina Court of Appeals for further consideration in light of the ruling in Walters vs. Walters. The North Carolina Court of Appeals decided that its first decision stands and that the case is reversed and…
In the case of Webb v. Webb the trial court awarded Wife $5,000.00 per month in permanent alimony and partial attorney fees. Husband appealed to the North Carolina Court of Appeals and argued that the Court did not make sufficient findings of fact to support an award of permanent alimony…
Child care costs for employment or job search are included in the calculation. Child care costs for other purposes (such as for education) may formulate a basis for deviating from the child support guidelines. Also, the child support guidelines have been updated to include the income levels at which the…
In determining the amount of child support for other children, which amount will be deducted from the gross income for that obligor, only the amount being paid for ongoing child support will be deducted. Portions of payments which are being paid for arrears will not be deducted from that obligors…
There are several specific things which are now explicity excluded from “income“, they are: 1) Child support payments received on behalf of a child who is not a party to the instant action; 2) The employer’s share of social security and medicare payments; 3) Health, life or disability insurance premium…
The official federal poverty level from 2009 is now the standard: $902.50 net per month or $999.00 gross per month. Now when using Worksheet A, other extraordinary expenses (in addition to payment for child care and health insurance coverage for the children) may be an adequate basis for deviating from…
The revised North Carolina Child Support Guidelines will have a new section which addresses retroactive child support. The guidelines will allow for retroactive child support to be determined either by applying the guidelines formula or by consideration of actual expenditures of the custodial parent. If retroactive child support is determined…
The new North Carolina Child Support Guidelines will be applicable to all child support cases (or modification of child support cases) heard on or after January 1, 2011. There will now be a provision which explicitly indicates that they are applicable to actions brought under North Carolina General Statutes Chapter…