Ex-Wife's obligation


#1

Dear talbano:

Greetings. You can make a motion to deviate from the chidl support guidelines and at the same time in your motion as the court to impute your ex income because she is voluntarily depressing her income in bad faith.

Now, this is a hard standard for an attorney to prove, usually takes quite a bit of discovery of education and job applications, and an expert to testify about the person’s ability to work.

Unfortunately, you cannot force your spouse to use the money you pay for any one thing. Child support can be spent in any manner which the receiving spouse deems appropriate and relevant. It is supposed to be your share of the living expenses, food, clothing, etc. Good 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

ROSENDIVORCE.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

Hi,

I currently pay child support through the courts and my case is up for review. I noticed through the calculator that my support payment will decrease if my Ex-Wife works and brings in some income. I would like to know what her obligation is for support if she refuses to work (Like I know she does).

Also I know that she does not spend all the money on my Son but uses it also for her 3 other kids that she has with her current husband. How can I ensure that she uses the money that I send her fot what it was intended for?