Articles Tagged with Child support

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Snowden v. Jaure, (Wyoming Supreme Court)

With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means that child support calculations are going to be affected. Now one state has litigated one such Covid-19 case all the way to their state’s supreme court. Continue reading →

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Madar v. Madar, No.COA20-28 (Dec. 2020).

In North Carolina, court ordered child support can only be modified by further order of the court. Before modification is allowed, the court must find that there has been a substantial change in circumstances that warrant the modification. There is an automatic presumption built into the guidelines that allows modification after three years since the initial order, and a difference between old support payment and new payment of 15%. You can still move to modify before waiting the three years, but the court must make the finding for changed circumstances. Income is inherently intertwined with child support, and below is a case that basically explains the need to make a connection between a parent’s income and the child. Continue reading →

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Lewis v. Lewis, No. COA06-599

 

Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children.  Ben and Gina divorced on August 17, 1998.  On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the minor children.  The separation agreement was incorporated in the divorce judgment and stipulated that the children would reside primarily with Gina and spend every other weekend and summer vacation with Ben.  They further agreed that Ben would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support to Gina.  Both Ben and Gina went on to remarry, and as a result of Gina’s remarriage she moved to Yuma, Arizona.  On August 14, 2000, Ben filed a motion in the cause seeking a modification of his visitation schedule with the minor children, asserting that a substantial change in circumstances had occurred due to Gina’s move to Arizona. Continue reading →

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Crews v. Paysour, 261 N.C. App. 557 (2018)

  • Facts: Plaintiff and Defendants are the parents of a minor child. In 2012, Plaintiff filed an action for custody and child support. A temporary order for child support was entered in August of 2012. The parties were both in medical school at that time. Once they graduated and completed residency, their incomes increased. In 2014, Defendant filed notice for a permanent custody and child support hearing. In September 2014, the trial court heard evidence towards child support. No written order came from that hearing. In December 2014, a “rendition of judgment” was issued to the parties in a letter. In October 2015, the parties scheduled a conference to go over proposed orders and objections. In December 2015, the trial court finally entered an order for Plaintiff to pay child support prospectively and $23,529.00 in arrears for the period from December 2014 through October 2015. In a previous appeal, the Court remanded, based on a misapprehension of law, and allowed the trial court to consider more evidence. On remand, the trial court did not consider new evidence but accepted the Defendant’s arguments made in his appeal. Plaintiff appealed.

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Warren DSS v. Gerrelts, No.COA20-868 (June 2021).

This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is probably enough to evoke trauma induced flashbacks to law school for many practicing attorneys. Put simply, since the state courts are courts of general jurisdiction, a state court sometimes has to apply another state’s law. Below is an interesting case about artificial insemination, paternity, and child support arising from a case where there are multiple states involved. Continue reading →

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Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442)

 

Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that Adel was the biological father of both children, the court consolidated the two child support cases and ordered Father to provide health insurance coverage for both children and pay Mother $2,554.00 per month in child support. Then, on September 9, 2019, the issue of permanent child support came on for hearing.  The court found Father to have a gross income of $19,454.39 per month. Additionally, although two children born of another relationship lived full-time with Father, the court gave Father credit for one child because Father’s name was not listed on the birth certificate of the other child.  Father timely appealed.  Continue reading →

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The American Rescue Plan Act of 2021 (hereinafter “Plan”), also called the COVID-19 Stimulus Package, was passed by Congress and officially signed into law by President Joe Biden on March 11, 2021.  The Plan seeks to aid the economy in recovering from the effects of the COVID-19 pandemic. One significant change the Plan provides for is a new federal enhanced child tax credit beginning July 15, 2021. Statistics show that the credit will go to roughly 39 million households with about 65 million children. For the 2021 tax year, the enhanced maximum child tax credit is $3,600 for children younger than age six (6) and $3,000 for children between the ages of six (6) and seventeen (17).

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Browne v. Browne, 101 N.C. App. 617 (1991).

Child support in North Carolina is most commonly determined by using the presumptive guidelines. We have written about the use of the guidelines in the past, such as here. But not every case will be a guideline case. The guidelines themselves indicate that certain high earning families (as of today the upper limit is $360,000) are automatically removed from guideline consideration. But what if you believe your custody case – which is not a high-income case – ought to be nonguideline? Continue reading →

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Child support and child custody are frequent issues when spouses are planning to divorce. Today we will discuss some of the most basic aspects behind these two broad and complex issues. How do you file a claim for custody and/or support? What are the governing laws in North Carolina? And what are the types of child support you could receive? Continue reading →

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CRAVEN CTY. V. HAGEB, 2021-NCCOA-231

Child support in Greensboro is most often calculated using guidelines and worksheets that provide a formula based on income, overnights with the child, and some other factors. A failure to follow the guidelines is error that can be appealed. Most often, the biggest factors are going to be gross income and custodial schedule. North Carolina courts require more than unsubstantiated conclusions about gross income. Below is a case that discusses what more is needed to support an Order for child support. Continue reading →