Modification of Child Support in North Carolina

[wallacegee]

My question involves a child custody case from the State of: NC

I posted this prior but have 1 follow up question. 2 years ago Social Services took in my child and refused to return him to my ex's house. They got me 100% custody. My child who will be 18 in 70 days left to go to NC on a visit a few weeks ago and decided to stay. (He wanted to graduate with his friends- I get that)

Child support (for my ex) has a hearing to get support. My direct question is what work sheet will they use. Primary or Joint
I have 100% custody and expect he will be here all summer and for all vacations.

Thanks

[Mr. Knowitall]

You are telling us that you have primary custody of all of the children. Per the instructions.

Use Worksheet A when one parent (or a third party) has primary physical custody of all of the children for whom support is being determined. A parent (or third party) has primary physical custody of a child if the child lives with that parent (or custodian) for at least 243 nights during the year. Primary physical custody is determined without regard to whether a parent has primary, shared, or joint legal custody of a child. Do not use Worksheet A when (a) a parent has primary custody of one or more children and the parents share custody of one or more children [instead, use Worksheet B] or (b) when primary custody of two or more children is split between the parents [instead, use Worksheet C]. In child support cases involving primary physical custody, a child support obligation is calculated for both parents but the court enters an order requiring the parent who does not have primary physical custody of the child to pay child support to the parent or other party who has primary physical custody of the child.

Use Worksheet B when (a) the parents share custody of all of the children for whom support is being determined, or (b) when one parent has primary physical custody of one or more of the children and the parents share custody of another child. Parents share custody of a child if the child lives with each parent for at least 123 nights during the year and each parent assumes financial responsibility for the child's expenses during the time the child lives with that parent. A parent does not have shared custody of a child when that parent has visitation rights that allow the child to spend less than 123 nights per year with the parent and the other parent has primary physical custody of the child. Shared custody is determined without regard to whether a parent has primary, shared, or joint legal custody of a child. Do not apply the self-sufficiency reserve incorporated into the shaded area of the schedule when using Worksheet B.

[wallacegee]

You are telling us that you have primary custody of all of the children. Per the instructions.

Thanks but I don't quite get it unless you are saying that being with me from 1-1-2014 to 9 30-2014 counts into what the court will look at.

Looking forward: This fits: Worksheet B when (a) the parents share custody of all of the children for whom support is being determined. Parents share custody of a child if the child lives with each parent for at least 123 nights during the year and each parent assumes financial responsibility for the child's expenses during the time the child lives with that parent.

If I use work sheet A with me as primary it shows she will owe me money

[Mr. Knowitall]

We have to answer questions based on what you tell us. We cannot investigate your case. We cannot review your court file.

[wallacegee]

Thanks. I get that and the facts are the facts strange as they are.
My ex is saying they will use A Primary with my ex as party 1. The person with primary custody. I am not sure if this is accurate as my ex seems to think they get to tell people what to do.
Do you see that as being correct?

[llworking]

Thanks. I get that and the facts are the facts strange as they are.
My ex is saying they will use A Primary with my ex as party 1. The person with primary custody. I am not sure if this is accurate as my ex seems to think they get to tell people what to do.
Do you see that as being correct?

Well yes to a degree, because right now the child is living primarily with your ex...you won't even be able to enforce any kind of visitation once he turns 18, but child support still goes through high school graduation. She can prove that he is living there because he is enrolled in school there.

[wallacegee]

Thanks That is where I am confused. He seems to say it would be me as primary>>you are telling us you have primary custody of all of the children.
I look at it as joint as he is there as my will. With me having 100% custody on paper (and her having lost custody) In theory and maybe by law I could have him come back. He wants to be here for the vacations and that would go over the 123 days for joint.
I just don't get the law and maybe there is no law for this exact case.

Well yes to a degree, because right now the child is living primarily with your ex...you won't even be able to enforce any kind of visitation once he turns 18, but child support still goes through high school graduation. She can prove that he is living there because he is enrolled in school there.