Child support


Dear lawme:

Greetings. No, he cannot reduce your “COURT ORDERED” child support for the cost of braces. He can ask the court to force you to pay for your share of the braces, but he cannot reduce your child support on his own.

If you do not have court ordered child support, or child support paid pursuant to a properly executed separation agreement, then he can reduce the amount he currently pays to zero and your recourse is to file an action for child support. Thank you.

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.


my exhusband and I are splitting child custody, myself with 2 of the children and he will have 1. My son that will be residing with him and one of my daughters that will be living with me are getting braces. He states that he will deduct her portion for the cost of the braces out of her monthly child support… can he do this and what do the courts say about this? Neither child support nor custody is court ordered, we have manage to agree on everything up to now…
what would be my best course of action?

Lydia Williams