Legal Question in Family Law in North Carolina
Child support and Military Cost of living allowances
My ex-wife in North Carolina is suing for an increase in Child Support. I live in Alaska and I am in the military. I receive a cost of living allowance for my family (remarried with 2 children) living in Alaska with me considering the extremely high cost of living in this area. My question is " can North Carolina consider my Alaska cost of living allowance income in the determination of child support in the state of North Carolina."
1 Answer from Attorneys
Re: Child support and Military Cost of living allowances
NC will use standard that a substantial change
in conditions which affects the child can be used
to modify child support obligation. Generally a simple
cost of living standing alone should not trigger
the increase. However, the custodial spouse will
probably attempt to show that a corresponding
decrease in income coupled with your increase has
affected the child and should result
in increase in support level. Liability continues
until the child reached 18 or graduates from high
school, whichever is later, even if the child flunks
all his classes this year and must repeat.
Beware accruing arrearages in the time before this
comes to court; judge may use that fact to allow
motion to increase simply because you appear
lackadaisical in paying support.