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Tag Archives: Child Support

Domestic Relations – Parent & Child – Support Modification – Consent Order – 15 Percent Presumption (access required)

Hess v. Hermann-Hess Although the parties’ consent order required the plaintiff-father to pay $2,000 per month in child support, after three years, he could seek a modification pursuant to the 15-percent presumption in the N.C. Child Support Guidelines. We affirm the trial court’s reduction of the father’s monthly child support obligation to $437.

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Domestic Relations – Parent & Child – Support – Paternity – Stepfather (access required)

Gunter v. Gunter Although plaintiff’s child was born during the parties’ marriage and defendant’s name is listed as the father on the child’s birth certificate, the parties stipulated that defendant was not the child’s biological father. Since defendant did not enter into a written agreement voluntarily assuming the obligation to support the child, he cannot be ordered to pay child support.

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Domestic Relations – Parent & Child – Support – Imputed Income – No Bad Faith Findings – Health Insurance – Step-Paren (access required)

Ludlam v. Miller The trial court did “not find that either party has acted in bad faith in having been voluntarily unemployed or that either party has [deliberately] suppressed his or her income to avoid a support obligation to the extent that the court should impute income to each party at a prior income level….”

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Domestic Relations – Parent & Child – Child Support Modification – Contempt ­– Court-appointed Counsel – Directed Verdict (access required)

Young v. Young A father’s unemployment is not enough to establish the requisite change in circumstances needed for a child support modification where the father applied for only five positions in the course of one year. The father “failed to prove … that his sustained unemployment is involuntary, given his lack of proof with regard to his job search effort and his self-imposed restrictions on his search.”

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Domestic Relations – Arbitration – Parent & Child – Support – Guidelines – High Income (access required)

Derian v. Derian The parties’ 2005 consent order required the defendant-father to pay $3,209.52 per month in child support “until further Order of the Court or agreement of the parties.” The father reduced his monthly child support payments to $1,600 in December 2005, and the plaintiff-mother accepted the reduced payment without objection for 35 months while she was represented by able counsel.

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