Smoking & establishing income for child support


Dear mal:

Thank you for the kind words.

  1. It depends on how asthmatic the chlidren are. If the smoking really is a large problem for them, then you can file an action for custody or modification of custody.

  2. Usually the child support is based on the last year of gross income if the income is up and down, but you can also ask the court to make the child support a percentage of the income (although you may end up paying more that way).

Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.


Hi Janet…thanks for all of the hard work and thoughtfulness you put into your responses!
2 questions:

  1. If the ex-wife who has primary custody smokes around the children and we don’t want her to because of the dangers of 2nd hand smoke and the fact that all of the children are asthmatic - how can we handle this?
  2. If the husband who has partial custody has income that can change dramatically from month to month because of commission on sales - how is this looked at in child support calculations?