Q: Can my ex wife have my child support modified if I refuse to pay the kids cell phone bills?
I pay child support every month for my two kids and she's been asking me to pay their cell phone bills also or shell have my number blocked on them. I feel this is what child support is for and cell phones are not a neccecity. Even so, she's threatening to have my child support payments raised.
A:
Often, I advocate that cell phone bills and similar expenses are items that are covered under child support. Sometimes other attorneys or judges have different opinions. When calculating child support, those types of expenses need to be discussed and included as an additional expense or as part of the presumed amount. If child support was ordered through an administrative proceeding, often those types of expenses are left out and issues like what you're having come up.
As always, you may want to speak with a local attorney in detail about whether or not child support should be increased or decreased based on current incomes of the parents and expenses for the kids. Mother may try to increase child support to include this cost, which she has the right to do if circumstances warrant a change. If that happens, you need to make sure you properly oppose it through either the administrative process or in court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.