Legal Question in Family Law in North Carolina

CS Modification for Military NCP

My best friends husband has just received a letter that c/s increase has been filed. I'm unsure of the year that he was divorced from his first child but I do know that child is now 15 years old. He's military and move around alot and they're getting ready to PCS to GA but they received the papers in CA where he's stationed. His income is 2975 along with 230 that he gets for BAS but he has 2 children from his current marriage. How much of an increase will he be required to pay? Is this child entitled to a portion of his BAS, as well as entitlement to the value of their cars? I tried looking up information for her and it clearly states they combine his income and his ex-wife. My husband and I have been through something similar but I know every state is different in their laws and policies.


Asked on 11/20/02, 7:32 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: CS Modification for Military NCP

The income from both parents are considered in the support of the child, as well as other factors.If your friend has recently received a pay raise or if the X-wife has,through no fault of her own, suffered an income loss, and circumstances have changed significantly, an increase may be allowed. However, your friend can contest the increase. His BAS should not be counted as part of his income for child support purposes but the 230 will act to lower his expenses, thus probably raising his income. The child is not entitled to the value of the cars. He is only entitled to the amount of CS your friend is required to pay.

I hope this helps somewhat.

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Answered on 11/20/02, 8:59 pm


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