Child support

North Carolina Divorce Law Divorce and Separation Answers
1

Logan: If you have a separation agreement, this should be addressed in the agreement. The child support payment should include the costs of the children’s clothing. It is possible you could get the amount of child support your are currently paying changed based on a change of circumstances. You may want to look into this. Good Luck!

quote:
Originally posted by loganb58
my ex and i have joint custody of our 3 children---he recetnly sent this month's child support with a letter saying that since i could not give him an answer on how much i could contribute each month towrads a clothing allowance for each of them, that he had deducted an amount from my monthly child support-----is this legal? by the way, he is a bankruptcy trustee---i know i probably need to seek legal advice, but i am trying to file chapter 7 for the joint credit card debt that i owe----our financial agreement that was decided in our divorce decree is not representative of what my current financial situation is---not to mention that his is not either---his has gotten quite a bit better due to an inheritance-----i recieve no alimony, nor do i want any----but his interpretation of joint custody is that we are both jointly responsible for the expenses of the kids (they are teenagers) ---the problem is that i cannot afford to pay as much for their clothes, necessities as he can. i could go on, but you have probably heard it all before-----loganb58

Adrian Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1550 direct voice
919.256.1551 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: adavis@rosen.com

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

Although this is not legal advice, your child support agreement should state the amount owed each period and perhaps other financial agreements. If you make other financial agreements on your own they are not legally binding. I do not believe your spouse can withhold child support because you have not reached other, non-binding agreements. If this continues to be an issue or major financial burden, an hour or two with a good attorney may be worth the expense.

3

Although this is not legal advice, your child support agreement should state the amount owed each period and perhaps other financial agreements. If you make other financial agreements on your own they are not legally binding. I do not believe your spouse can withhold child support because you have not reached other, non-binding agreements. If this continues to be an issue or major financial burden, an hour or two with a good attorney may be worth the expense.

4

my ex and i have joint custody of our 3 children—he recetnly sent this month’s child support with a letter saying that since i could not give him an answer on how much i could contribute each month towrads a clothing allowance for each of them, that he had deducted an amount from my monthly child support-----is this legal? by the way, he is a bankruptcy trustee—i know i probably need to seek legal advice, but i am trying to file chapter 7 for the joint credit card debt that i owe----our financial agreement that was decided in our divorce decree is not representative of what my current financial situation is—not to mention that his is not either—his has gotten quite a bit better due to an inheritance-----i recieve no alimony, nor do i want any----but his interpretation of joint custody is that we are both jointly responsible for the expenses of the kids (they are teenagers) —the problem is that i cannot afford to pay as much for their clothes, necessities as he can. i could go on, but you have probably heard it all before-----loganb58