Question about support


#1

Dear hugheske:

Greetings. Sure, without an agreement you can ask her to pay anything. I think it is a great idea that you are paying her child support pursuant to the guidelines, but I would decrease the remaining amounts, or only pay pursuant to a signed agreement, so that you can deduct the same as alimony. Alimony is only tax deductible if paid in accordance with an signed agreement or court order. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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

I would love to decrease the remaining amounts, however, it would force me into bankruptcy because I dont think she would pay the bills if I wasn’t paying them and I would rather not default on the mortgage and see my kids forced out on the street. Thanks for the advice.


#3

Dear hugheske:

Greetings. Definitely don’t go into bankruptcy or force your children out onto the street. Nevertheless, get an attorney to help you form your payments into an agreement, so that you can get the taxable benefits of alimony. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#4

I have spoken to an attorney and he told me to keep paying the mortgage, bills and child support and wait for her to make the first move to try to get more…he said that I am paying way more than I have to and a judge will laugh at her if she asks for more. My biggest concern is for the kids and my military retirement which she has said she won’t touch. Also, isnt there a lawsuit pending which is challenging the inclusion of military retainer pay as community property in a divorce?


#5

Dear hugheske:

Greetings. If you have taken your entire case to an attorney to review, follow their advice. Without seeing all your “paperwork” and sitting down with you, I cannot know what has been filed, etc. Good luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#6

My ex and I do not have any agreement set up as of yet. I am paying Child support per State guidelines, 1/2 of the mortgage ($513.00) and all of the marital debt. We had a combined cell phone bill and asked that she pay me for her portion. She has yet to do so and I cut off her phone. My question is, can I subtract what she owes me for that cell phone bill from what I pay her since we don’t have any sort of official agreement and I am paying all of the bills anyway?