Child Support

Have you run the calculator to see how much of a difference this would make?
During the hearing, it could be brought up about them staying at home alone for brief periods if they are old enough and responsible enough. Also if know what to do in an emergency or how to get in touch with either you or your ex. There is no magic age in NC for when children are allowed to stay alone other than the lowest age I believe is 8 years for a very short time. You can also request that if the amount for before and after school is added into child support calculations that there be “proof” of attendance on a monthly basis and that if that is not provided, the extra amount is not paid. If she has a history of this, then I would suggest doing whatever necessary to keep it from being a permanent addition to the child support. Let the court know that you do not believe this is a necessary expense and that you do not believe that it will be consistent. Offer to pay back directly to your ex half for any month that she shows proof of attendance in this program.
If all this doesn’t work and it does get included, she removes them from the program and then re-enrolls once she gets a subpeona for court on the matter, request for records of their attendance so that you have proof to show the court that she only re-enrolled once she found out that the child support would be modified.

If she has support increased because she tells the court and then pulls them back out, you can file a motion to modify custody. This issue will continue to be heard by the same Judge, it is unlikely this trick will work for her more than one time. You can propose that you figure out what the difference in child support will be and agree to pay that directly to any after-school program the children are attending. She may not agree to this but it might be worth a shot. If you get to court on this issue, the court will order that the money be paid directly to her.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If she ends up taking the kids out of the before and after school program all you need to do is call the board of education and find out if your child is attending and how much has been paid. Suggestion: why don’t you take it upon yourself to enroll the kids into the program and you pay for it yourself(keep all reciepts)that way you controll that portion of the money.and check to see if they are actually attending because you sign in when you drop them off and you sign when you pick them up. Its sad to say but this is the game you play and its all about whos the smartest at the game,because you need to know every time you go to court its costing money , probably more than it will to just pay for the program yourself.

My ex-wife and I have a hearing soon to re-evaluate the child support that I pay. One of the big factors is the child care cost. Currently, both of our children are in grade school, ages 12 & 10. Both of their schools provide bus service from the neighborhood to school and back. Right now, they are enrolled through the YMCA track out program, meaning the go to the Y during track out periods. My ex-wife is planning to enroll them in both the before and after school programs which are expensive. She states that she does not want them to be home alone while waiting for the bus, or in the afternoons until she gets home. There is probably 30 minutes in the morning between when she leaves for work and when their bus arrives. In the afternoon, there is about 1.5 hours between when they get off the bus and she gets home from work. She has been having them stay at home alone in the recent past in the afternoons.

I am certain of her plans. She is going to claim in court that she needs to put them in the before and afterschool programs so that those costs will be included in the child support calculator. Once the amount is set, I expect she will pull them out of the before & after school programs and make arrangements with some neighbors to watch them, and will use the additional money for her own benefit, which she has a history of doing.

How can I deal with this? Once I find out that she has taken them out of the Y programs, I could petition for another hearing, but she can then just re-enroll them. I can’t keep going back to court over this issue, but she will use this to manipulate the system to get more money from me.

Any advice would be greatly appreciated.