Jacksonville, NC asked in Child Custody, Child Support and Family Law for North Carolina

Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child. She isn't working yet

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

Angela McIlveen
Angela McIlveen
PREMIUM
Answered
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Child support may be court-ordered or agreed upon by parents. You don't say whether your child support is court-ordered. If your child support is court-ordered then you are only required to pay what is ordered by the court. It sounds like your child's mother has a very unstable situation. She has lost her job, lost her housing, is living with someone and has lost daycare assistance. Perhaps, the better question to ask is would you be able to better care for your child than she can? If you can then maybe you should consider hiring an attorney to help you get custody of your child. If you think your child is ok living with the mother then maybe you want your child in daycare because you can be sure your child is safe during the day and is getting breakfast and lunch. If that's the case, it may be worth it for you to pay child care directly. If you do pay child care you could seek to modify your child support to account for the fact that you are paying for child support. You can learn more about child support by visiting our website: https://www.mcilveenfamilylaw.com/caseswehandle/child-support/

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