How's Child Support figured in a commission only job?

Question

I've just been served with an order to meet with a child support agency in NC. I've been paying support since my daughter was born, but it's never been court ordered, just worked out between us. Now that the mom is trying to go through the courts, what should I expect? We make approximately the same amount a year. She is paid hourly, I am strictly commission.

The agreement to this point has been we split childcare cost 50/50. She pays for insurance (she has much better insurance) and I pay for any co pays, etc. I also provide her with extra money from time to time as she needs it. I have receipts from nearly everything I have given her from day one also, just in case.

For the first three years, we split custody approximately 3 days with me, 2 days with the moms parents, and 2 days with the mom. Recently (withen the past 6 months) it's changed to 4 days with the mom, 2 with me, and 1 with her parents.

Thanks for any advice.

Answer 1

Your question has been reproduced below to preserve the original fact pattern to which this answer applies:

How's Child Support figured in a commission only job?

I've just been served with an order to meet with a child support agency in NC. I've been paying support since my daughter was born, but it's never been court ordered, just worked out between us. Now that the mom is trying to go through the courts, what should I expect? We make approximately the same amount a year. She is paid hourly, I am strictly commission.

The agreement to this point has been we split childcare cost 50/50. She pays for insurance (she has much better insurance) and I pay for any co pays, etc. I also provide her with extra money from time to time as she needs it. I have receipts from nearly everything I have given her from day one also, just in case.

For the first three years, we split custody approximately 3 days with me, 2 days with the moms parents, and 2 days with the mom. Recently (withen the past 6 months) it's changed to 4 days with the mom, 2 with me, and 1 with her parents.

Thanks for any advice.

There is no quick answer to your question.

Basically the court uses a chart (see below) that takes what the parents makes and figures an equitable contribution from the non-custodial parent.  The court will most likely use your combined earnings for the last tax year to figure out your income, but it's conceivable that your ex could argue that an amount from several previous years combined shows your true earning potential in the coming year.  (If she knows you had a bad or unusual last year, she might ask the court to look at the past three to five years.)

You can argue that the statutory guideline provides too much child support, but you have to show why.  And generally, it costs a lot more in attorney's fees for both parties if you deviate from those guidelines. (And that's money that your child never sees.)  

In addition to the guideline amount you may be held responsible for a share of health costs (half the premium the mother pays for insurance and half of all copays and uncovered health expenses).  You may also have to pay half the childcare.

You probably won't have to pay any retroactive support (where there was no order to pay and you paid what was apparently agreed between you and the mother).  But that doesn't mean you shouldn't go prepared.  Have all the pertinent documentation available.

You appear to suggest that the child support payment should somehow be lower because the mother's parents sometimes care for the child.  That pig ain't got wings.  The custodial parent is awarded an amount of child support based on the reasonable needs of the child considering the relative ability of each parent to provide support.  That's a fancy way of saying the more the non-custodial parent makes the more he (in this case) can afford to pay and should pay-- up to a certain point.  The idea is that the child deserves to live in a lifestyle similar to that it would have had if the parents hadn't divorced.

If you care to try to argue against the statutory guidelines, you have to show that the amount exceeds the actual expenditures for the child.  And expenditures by the mother's parents (during the time the child spends with them) are probably going to count even where the mother isn't specifically paying them herself.

You can read the specifics for yourself at:  http://www.nccourts.org/Forms/Documents/...

Answer 2

it will be based on your last years income tax forms.