Child support payments


#1

Dear drwilsontwo:

Greetings again! This is a “loaded” question, so please follow along with my explanation.

First, the term joint custody in an agreement really refers to decision making authority for the children. Do you mean that you and your wife will be sharing equal overnights per year for your two daughters (for example an every other week schedule)?

Let’s assume you will share the time equally, well then yes, you can pay for the daycare directly and this will count on your side of the calculator, but you must also ensure that you correctly draft the appropriate tax provisions into the agreement.

By the way, the supporting spouse issue is not relevant for child support or child custody - but I assume by putting this in here you are trying to tell me that you would better benefit from the children as tax deductions then your spouse. Remember that tax consequences are an important part of having an attorney draft your agreement. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Thanks for your help with my previous questions.

If my wife and I agree to joint custody for our two daughters, can I pay daycare directly and get the writeoff or do I have to write her a check directly? She is terrible with money anyway and I want to make sure daycare gets paid, on time. I am the supporting spouse.