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."


Asked on 8/31/99, 9:23 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

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.

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Answered on 9/02/99, 5:53 pm


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