Legal Question in Family Law in North Carolina

Defendant is paying all of the child support he can & is also borrowing money to pay child support for 1 child. He wants to pay more and can't now, how can he successfully defend himself against a Contempt Hearing from a lunatic mother? He is not good with money and the 3 months bank records are not clear as to expenses.

Asked on 9/14/13, 9:56 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If he is not good with money and he is relying on his expenses to make a difference - he most likely can not successfully defend himself against the 'lunatic' mother who expects child support to be paid. Income amount is more important than expenses. He will be required to pay the amount determined by child support guidelines based on his income and mother's income. Some expenses are taken into consideration, for example if he is paying child support for another child but for the most part he is expected to pay the guidelines and if his current expenses prevent that he is required to trim the expenses not the child support amount. So basically, he's just gonna have to give up some stuff. For example if he smokes - stop - there's usually $100 bucks or more a month right there.

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Answered on 9/14/13, 11:30 pm

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