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Tag Archives: Child Support

Sex offender gets no reduction in child support (access required)

A father said he couldn't afford to pay child support because he lost his job after being convicted of sexually abusing his daughter, but that excuse foundered because he should have foreseen that the abuse would lead to his job loss. The North Carolina Court of Appeals has ruled that Michael Metz, who once made $18,867 a month as a nurse anesthetist, must pay $2,627 per month for support of his four children even though he insists his criminal record makes finding a job extremely difficult.

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Domestic Relations – Equitable Distribution – Alimony – Child Support – Insufficient Findings (access required)

Robinson v. Robinson. (Lawyers Weekly No. 11-07-0276, 27 pp.) (John C. Martin, Ch.J.) Appealed from Guilford County District Court. (Wendy M. Enochs, J.) N.C. App. Click here for the full text of the opinion. Holding: After a hearing at which ...

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Domestic Relations – Civil Practice – Contempt – Consent Order – Spousal & Child Support – Distributive Award – Personal Expenses (access required)

Raprager v. Raprager. Even though a modification of defendant's support obligations may be warranted based on the decline in his business revenue, by his profligate spending after the June 3, 2008, consent order and his failure to pay his obligations . . .

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Domestic Relations – Child Support – Arrearages – UIFSA – Full Faith & Credit (access required)

State o/b/o Benford v. Bryant. The trial court did not have the legal authority to reduce the amount of arrearage that accrued under a Michigan child support judgment under the Uniform Interstate Family Support Act. The court must give full faith and credit to support payments accrued and vested under the Mich. judgment.

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Domestic Relations – Child-Support Guidelines – Retirement Benefits – Medicare & Social Security Benefits – First Impression (access required)

Caskey v. Caskey. Contributions made by an employer to an employee's retirement accounts, including any 401(k) accounts, and insurance premiums may not be included as income for the purposes of the employee's child-support obligations unless a trial court, after making the relevant findings, determines that the employer's contributions immediately support the employee in a way that is akin to income. Social Security and Medicare taxes that employers are required to make on behalf of an employee may not be considered income as applied to an employee's child-support obligations.

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Court fleshes out how to calculate ‘income’ for child support (access required)

A North Carolina appellate court has for the first time addressed the effect that payments an employer makes on behalf of an employee have on the employee's adjusted gross income under the child-support guidelines in G.S. § 50-13.4(c). "Any time we have a new case that helps us define what is income and what is not for calculating child support, it is a big deal," said Charlotte attorney Rebecca K. Watts, who represented the mother in Caskey v. Caskey (Lawyers Weekly No. 10-07-0859, 16 pp.).

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