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Tag Archives: support

Domestic Relations – Parent & Child – Support – Guidelines — Worksheets A & B – Expense Sharing (access required)

Cabbs v. Cabbs Even though the parties’ children spend 130 to 140 days per year with the defendant-father, since the plaintiff-mother pays the bulk of the children’s expenses, the trial court did not abuse its discretion by calculating the father’s child support obligation pursuant to Worksheet A rather than Worksheet B.

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Domestic Relations – Parent & Child – Support – Father’s Income – Prior Year (access required)

Greco v. Greco Even though there was evidence that the plaintiff-father had earned income (from his relatives) in 2011, the trial court only considered the father’s 2010 income when it modified his child support obligation in July 2011. The trial court’s order did not make findings to justify its failure to consider the father’s 2011 income. Since the trial court failed to calculate the father’s child support obligation using his actual income at the time the order was modified, the order does not comply with the N.C. Child Support Guidelines.

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Domestic Relations – Parent & Child – Support – Separation Agreement — College Expenses – Room & Board – Medical Insurance (access required)

Quinn v. Quinn The parties’ separation agreement said the plaintiff-father would “be responsible for the payment of any and all expenses necessary for the education of either of the minor children should they desire to attend a school beyond high school, to include college, technical or trade school, said expenses to include tuition, books and room and board.” The parties’ son came back to North Carolina to live in his maternal grandmother’s home after his Chicago music career stalled, and he signed up for four hours of online classes at a community college; the father was not required to pay the $800 room and board charged by the maternal grandmother. The parties’ daughter is attending college full-time, but she is also married with a mortgage; the father was not required to pay her mortgage and other household expenses.

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Domestic Relations – Parent & Child – Support – Paternity – Civil Practice – Standing – Personal Jurisdiction (access required)

State ex rel. Davis v. McCommons A mother was receiving public assistance from Union County Child Support Enforcement for the support and maintenance of her minor child. Therefore, the State of North Carolina – through Union County Child Support Enforcement – had standing to institute proceedings against defendant as the responsible parent under G.S. Art. 9, Chap. 110.

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Domestic Relations – Parent & Child — Support – Modification – Substantial Change of Circumstances (access required)

Johnston County ex rel. Bugge v. Bugge. Although a defendant who requested child support modification was entitled to the presumption of a substantial change in circumstances, the presumption was rebutted by evidence that he intentionally left his job, thereby voluntarily depressing his income.

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Domestic Relations – Parent & Child – Joint Custody – Primary Caregiver – Support (access required)

Underwood v. Underwood Even though the trial court concluded that both parties were fit and proper persons to share joint legal custody of their child, the court’s findings that the plaintiff-mother had been the child’s primary caregiver support its award of primary physical custody to the mother. We affirm the custody order but reverse the support order.

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Domestic Relations – Parent & Child – Support – Modification – Attorney’s Fees – Expenses — Expert Witness (access required)

McKinney v. McKinney Although the parties’ separation agreement only required the defendant-father to pay $2,250 per month in child support, for two years he paid $4,750 per month. He then unilaterally reduced his payment to $2,250 per month, demanded that the plaintiff-mother and the parties’ child move out of the house he had been providing for them, and terminated the lease on the car he had provided for them. The father’s refusal to increase his child support payments until the court ordered him to do supports the trial court’s finding that the father refused to provide adequate child support.

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