Spring Lake, NC asked in Child Custody and Child Support for North Carolina

Q: What are my chances of getting a fair price for child support if I take my Daughters mom to court?

My ex has my daughter during the WORK week. We meet at my moms to drop my daughter.every weekend my daughter is at one of her grandparent houses. I pay my ex’s phone bill, $350 a month in child support. I have my daughter under my medical&dental, I buy all the school clothes& anything else extra & my family always buys and watches her. My ex always has new clothed &uses the money to finance a lifestyle she can’t afford and my daughter doesn’t even have nice shoes unless I buy them. She expects my child support to help maintain her household even though it’s a house she can’t afford with her own check. She moved out of a cheaper place to live up to this “lifestyle” is there anything I can do? If you count the hours during a work week it’s not that Kong &then she drops my daughter off to anyone in the families. I’m military and make more than she does but I want my money to go directly to my child only

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1 Lawyer Answer

Melissa Averett

Answered
  • Divorce Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: North Carolina uses child support Guidelines to determine the right amount. The Guideline formula uses each parent’s income, the custody schedule based on the number of overnights, and certain child-related costs. Life style is irrelevant.

You can argue that the expenses that you are already paying are child support. You cannot control how the other parent spends the money. If the other parent spends money on food, a car, any living expenses used by the child, then the child support is going to the child. If you think the guideline amount is unfair, then you need to hire an experienced local family law attorney to make that argument, because it's complicated and rarely successful.

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