Spousal and Child Support


#1

Dear Bystander:

Greetings. That is a very interesting question, but it raises more questions for me. Since alimony is involved, I am assuming the PI was hired to find out about adultery? Did the PI catch the other spouse doing anything (meaning was the fruits of the labor successful)?

No, nothing can be done to the spouse for using child support money for expenses other than the child. If the child does not have food, clothing, etc., then you should seek child custody. Let me know about my questions and I will then answer the rest of yours. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Good Morning. Unfortunately nothing substantial. There are e-mails talking about a plan to or that they wanted to sleep together, but nothing that says that they ever did or ever even saw each other, and all conversations state that they would have to wait until there is a legal separation. The other part is that the spouse doing the pursuing admitted to having an affair of their own and that was one of the many supposed reasons that the other spouse left. Nothing got interesting in the e-mails until after the spouse that left admits that they are leaving in the e-mails, but again, they discuss it, but no solid proof that anything went on or that there was ever a means for them to do anything.
As far as the child is concerned the spouse doing the pursuing is claiming that the other spouse is not paying enough support and that they don’t have enough money to support themselves or the child. However they have spent upwards of $10,000 on several different PIs, when they find one that doesn’t give them an answer they want to hear, they move on, and on two attorneys, one to pursue the divorce and a second to pursue A of A and CC with. The spouse also has a documented history of neglect, starting with a child removed from her home several years ago, for leaving them by themselves while they went to work.
I don’t know if any of this answers your questions or just raises more, but I hope that it helps.
Thank you again.


#3

Dear Bystander:

Greetings. I think that spending $10,000 for a PI may be excessive. No, simply because she spent the money does not mean that she can ask for more money in support.

I would argue that the support for the dependent relative is not income, but it depends on the relative, how much support, etc. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

If a spouse spends several thousand dollars on private investigators to get information for the divorce hearing and other lawsuits, can they then turn around and ask for more Spousal Support and Child Support, due to their inability to financially take care of themselves and their children?
Can anything be done to the spouse for using what is supposed to be child support not on the child at all?
In the child support calculation, if one spouse is getting support from another state for a dependent relative, is that included as income for that spouse? What about spousal support or alimony?