Q: In NC can my husband lower the amount of child support he pays because one child has decided to stay with him?
My husband and I signed a separation agreement in which he agreed to pay $500 child support for each of three (3) children per month until they reach age 18. My 15-year old daughter stays with him the majority of the time instead of alternating weeks like she is supposed to. Since these are her wishes I have allowed this. He has decided on his own not to continue to pay me child support for her. I was receiving $1,500 each month and now he has reduced that amount to $1,000. The separation agreement clearly states $500 child support for each child, as well as alternating weeks for physical custody. Can he do this??? I am pretty sure the separation agreement is part of the divorce. If he were to take me to court, what would be the chances a court would support him???
A: It certainly is fair to reduce the child support amount by $500. Not sure why you would think other wise. But here are your options. Be fair or take him to Court. If you take him to Court child support may end up being determined according to guidelines and not your agreement, meaning you could actually end up getting less than $1000 a month for two children. Of course, you could get more as well so likely your best bet if you insist on not being fair is to consult with a local family law attorney who can calculate a proper child support amount. Obviously if the guideline amount is under $1000 that should encourage you to be fair by default.
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