Legal Question in Family Law in North Carolina
can i take my ex-wife to court to settle the support i am supposed to be paying her? does my step son count as children i am responsible for when there is no support paid to us for him?
1 Answer from Attorneys
When you say "take my ex-wife to court to settle the support" are you talking about child support or alimony? The question about your step-son is generally no. You have not adopted him, ergo, you technically are not responsible for him. He is your new wife's responsibility and its up to her to go after the biological or adopted father of her child.
Here is an excerpt from the NC Child Support guidelines:
Pre-existing Child Support Obligations And Responsibility For Other Children
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Child support payments actually made by a parent under any pre-existing court order, separation agreement or voluntary support arrangement are deducted from the parent's gross income. The court may consider a voluntary support arrangement as a pre-existing child support obligation when the supporting parent has consistently paid child support for a reasonable and extended period of time. A pre-existing support order is one that is in effect at the time a child support order in the pending action is entered or modified, regardless of whether the child or children for whom support is being paid were born before or after the child or children for whom support is being determined. The fact that a parent pays child support for two or more families under two or more child support orders, separation agreements, or voluntary support arrangements may be considered as a factor warranting deviation from the child support guidelines.
Actual payments of alimony are not deducted from gross income but may be considered as a factor to vary from the final presumptive child support obligation.
A parent's financial responsibility (as determined below) for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is deducted from the parent's gross income. Use of this deduction is appropriate when a child support order is entered or modified, but may not be the sole basis for modifying an existing order.
A parent's financial responsibility for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is (a) equal to the basic child support obligation for these children based on the parent's income if the other parent of these children does not live with the parent and children; or (b) one-half of the basic child support obligation for these children based on the combined incomes of both of the parents of these children if the other parent of these children lives with the parent and children. If the other parent does not have income, the worksheets do not calculate the obligation correctly. Please contact your local child support office for assistance in completing a worksheet.
The website for the guidelines is:https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp
You can access it free of charge and read for yourself.