Child Support Defined

Dear trosier:

Greetings. First, you cannot dictate what the child support money will be spent on. So, your spouse can spend the child support money on Versace shoes or a new sofa, and the court will allow her/him to do so, as long as the children are healthy and taken care of.

Now, as far as the clothing, etc. If you pay child support, you are not responsible for the same, unless the court orders you to pay, you agree in a separation agreement, or you feel morally obligated to. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have joint custody (65/35%) with me having the 35%. I have the higher income and I pay child support each month. By my undestanding of the guidelines, she should be using the child support payment along with her income in order to meet 65% of the needs of the children (time with her) and me the 35% (time with me). Am I correct in this understanding?

What about other activites, clothes, etc. Should this be the 65/35% split, or a 50/50 split after paying child support? or is it to be based on income even after paying child support? I’ve heard many different opinions but there doesn’t seem to be a legal defining point other than child support is to be paid for “the welfare of the children”.