Disposable income taken

by Lauren
(Nashville, NC, USA)

My husband and I separated. I got court ordered child support for 1200.00 a month for 3 kids. This amount was 400.00 over the amount due but my husband agreed on paying the 1200.00. While separated he had a child with another woman for whom he now pays CS. That amount is roughly 346.00 a month for 1 child. The amount he pays her is so high because she makes about $1000.00 more than him per mo.. Per his employer the max amount is already being deducted from his pay. My case is over 1500.00 in arrears and she is not getting her full amount.

He now has an upcoming court date in regards to the other woman's case. They want him to make an arrangement to pay the 37.00 every month that the employer will not withhold from his pay due to him being above the 40% disposable income level. My husband and I are working out our marriage and going to counceling. I was told by my CSA that I am not to take him off of support. I am a full time student not working my husbands avg gross income is 2600.00 per mo before any deductions. We are barely putting gas in the car and food on the table. Does he (a) somehow try to obtain a lawyer (b) make a payment arrangement outside of court for the extra 37.00 (c) file for a modification before the court date (d)just show up on the court date with details of expenses and income? Please help. I think he already made a bad choice by not going to court the first time.

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