child support

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child support

Postby donna rossetti » Wed Jan 14, 2009 5:02 am

My- ex has filed a motion to modify child support because he is out of work on long term disability. I am sure he has doctor record to show he has a bad back but he has always had a bad back and i feel now is just claiming it was job related so he can reduce his child support drasticly.( salery will go from 6,400 per month to 2,000)
I have serveral questions
He owns 2 homes and rents one- does that rental count as income?
When calculating child support would his wife income come into play?
When calculating child support for my child would child support he and his wife get for a child they had together count as income? I have just learned after 6 years of divorce that this so called step Child is not a step child but was a child he and his new wife had some 13 years ago when him and I were married- my ex and this wife have been collecting child support form her ex husband on this child- they knew the child was theirs but I do not think the ex knows and he has been paying all along for a child that is not his.

My last question has to do with alianation of affection - If I have just learned that this is truely his child and that him and his new wife had been together for the last 10 years of my marriage, is it too late to file for alianation of affection since we ave been divorced for 6 years?
Thanks
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Postby mal » Wed Jan 14, 2009 5:43 am

I think there is a statute of limitations for AofA but hopefully a lawyer will respond on that.
-no the stepmother's income is not a factor
-no, what they get in support, whether legal or not, is not income - you don't claim it as income on your taxes.
-his rental income should be factored in - these sorts of things may have to be subpoenaed
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Postby comingclean2 » Wed Jan 14, 2009 5:44 am

1. Rental income should count as income.
2. Current wife's income does not play into your child support
3. INTERESTING: Seems like the child support is just credited to his new wife (because paternity is presumed to be HER ex's). If that's the case, I don't believe it would be income in calculating your support. I have NO idea how you would go about changing that without stirring up a pot of bees. Since she was married at the time to HER ex, the child would presumed to be his legally.
4. I don't think you have a claim for AofA since the 3 years limitation has passed.
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Postby robinp » Wed Jan 14, 2009 7:15 am

Actually, I would think the fact that child support is being received for the other child would help you. Your ex husband cannot claim that he has a child at home to support since it is not his child (or so he wants everyone to think). If the child was deemed to be his and he was responsible for suppporting, then that would factor into the child support guidelines and reduce the amount he would otherwise have to pay to you.
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Postby Erin Clarey » Wed Jan 14, 2009 3:50 pm

Child support is based on the gross income of you and your ex, health insurance costs, and any work-related child care. If your spouse is found to be depressing his income in bad faith his true
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Postby donna rossetti » Fri Jan 16, 2009 3:24 am

I am not sure how to ask a follow up question But thanks for info- now I need to know If my ex needs to report rental income as income on the child support cal does he need to report what he gets for renting his second house or what he gets once he deducts his mortgae payment ( what he profits)
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Postby Erin Clarey » Fri Jan 16, 2009 4:17 am

The income your ex receives from the rental properties is more or less his profit. He will be allowed to deduct the reasonable expenses he incurs maintaining and renting the properties.

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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Postby donna rossetti » Tue Jan 20, 2009 7:29 am

Thanks Mr. Clarey-
As far as Alienation of affection and/or criminal conversation case- we have been divorced for almost 5 years and the child between the two of them is 15 years old. ( we were married 22 years) My question is - Is it two late or can I still sue because I was never really sure if they had an affair butnow this child seems to be proof. But afain I can not be 100% untill a DNA test would be done but is it 3 years from date of occurance or date of discovery or DNA test?
donna rossetti
 
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Postby Erin Clarey » Tue Jan 20, 2009 8:22 am

The statue of limitations is 3 years from the date you discover the affair.


Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7672
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm


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