In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court.
(a) Facts: A husband and wife divorced in 2006. The decree permitted the husband to take the dependency exemption for the child in odd-numbered years provided that he paid all court-ordered support.
My ex and I share the children fifty-fifty. We have three children. I make approximately $25,000 more than the other parent. I pay child support even though I have them half the time. Our child support order says nothing about who gets the dependency exemptions, and I get in a fight with my ex every year over the dependency exemptions. Who should get the three dependency exemptions?
It is tax time. I am divorced and have two children. I pay $2000 per month in child support, and my ex (the mother) doesn’t even work. She will not give me the dependency exemptions for the children. The judge didn’t give them to me either. They live with her and I visit every other weekend and half the holidays. I am paying for the children, so why can’t I have the tax benefit?
Prom is coming up, and my daughter is a senior. I want her to have a nice dress for prom, but her father will not help pay for the dress. I receive $622 per month child support pursuant to a child support order, and our daughter lives mostly with me. Can I make him pay for at least part of the prom dress? What can I do? These dresses are expensive.
Prom Dress Poor
Timing, as they say, is everything, and if you are appealing an Order in North Carolina, this is particularly true. Slaughter v. Slaughter, No. COA16-1153 was decided by the North Carolina Court of Appeals on July 18, 2017. While there were multiple issues on appeal, the issue that sticks out is the timing and issues allowed on cross-appeal. Continue reading →
At the heart of many family law related disputes lie arguably the most difficult decisions regarding the children and their futures. At times it may seem unlikely that individuals in the midst of a divorce will ever agree on anything; fortunately, ensuring that any children involved receive a quality education is usually a top priority for everyone. Setting aside differences for what is in the children’s best interest saves not only time but may also preserve important financial resources that may be reallocated to ensuring the children’s futures are preserved. Continue reading →
My daughter just graduated from high school, and she is college bound. Her father and I divorced three years ago. Her father paid child support, but I understand child support is ending now as she is already 18. I thought her father would surely pay (or at least help) with college, and he told me last night that he was not helping with college. What can I do? Our divorce agreement says NOTHING about college.
~ College Help Needed
I am thinking about separating from my wife of 10 years. She is a doctor and makes a lot more money than me. I am a school teacher and make extra money coaching, but she still makes a lot more than me. Neither of us are having an affair, but I am pretty miserable. We are both thirty-three. She works all the time and I take care of our two children. I also worked for two years while she finished her medical degree. I hate to ask, could I get alimony as a man? Our lifestyle has been great, and I would like to maintain that lifestyle as best I can. Thanks Carolyn.
Anderson v. Comm’r, T.C. Memo. 2016-47, 2016 WL 976816 (2016)
Facts: An Alabama court entered a pretrial order in a divorce case, requiring both parties to “[m]aintain status quo as to payment of house note or rent, utilities, food, necessities, fixed credit obligations, ” 2016 WL 976816, at *1. After the order was entered, the husband transferred at least $1,000 each month to the wife “for her spending money and other things that I had previously paid for.” Id. Continue reading →