My Ex Is Living Off Child Support

Divorce attorneys often hear frustrated dads upset that they have to keep paying more and more child support while the ex-wife barely works and appears to be living off the child support payments. The questions are common:

  • She wants more and more of my income as I start making more money. How is this fair?
  • Why is it that I have to keep working hard to pay their bills while she barely keeps a part-time job and lives off of my money?
  • I thought child support was meant to provide the wife and children with a similar lifestyle they were used to during the marriage? When we lived together, they weren’t used to a lifestyle since I wasn’t making the kind of money I am currently, so why am I supposed to provide it for them now?

Continue reading for the answers to the questions posed to Cordell & Cordell attorney Andrea Miller.

 

In North Carolina, where I practice, the goal of child support is to have the children be supported as they would have been supported in an intact marriage.  You are obligated to support your children throughout their life until they reach the age of emancipation, which varies from state-to-state.

In order to effectuate the goal of providing the children with what they would have received had there not been a breakup of the marriage, the courts will go back and look at modifying the child support if the non-custodial parent is earning more money. The court’s goal is not to subsidize your ex-wife, but rather your children.

If you feel that your ex-wife is decreasing her ability to provide in disregard of her parental duties, you can try to do a modification of child support in that regard. Keep in mind however, that you must offer into evidence that fact that the children’s needs have changed to warrant a modification.

All in all there is a possibility that a judge could order you to pay more child support because you have more earning potential and can better provide for your children. Had you and your ex-wife not divorced, the children would have benefited from your increase in salary.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell, P.C., where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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11 Comments on "My Ex Is Living Off Child Support"

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jon deaux
9 months 25 days ago
There is another option. Because your ex-wife is voluntarily unemployed, you can ask the court to relabel the transfer payment as Undifferentiated Family Support, which is a mixture of child support and alimony, and is treated like alimony for tax purposes. You could also use a shared checking account like this one (http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) that provides a form of accountability both to the parents and the courts while providing for the children’s needs. As for me, I’m fighting for shared physical custody, but I have a family court judge who has stated in open court both that she I am going… Read more »
Matt
1 year 1 month ago
Alright so my girlfriend and I were together for about a month. I was 20 at the time and she was 21. By the new year she was pregnant with my baby. We’ve been on each other’s good sides lately but throughout her pregnancy we’ve argued more than ever. Maybe it’s her hormones but I honestly don’t know. I want to see myself marry her but right now we are both still kinda young. After she got knocked up she was scared and quit her job, I took on the responsible role and got my first job. We’ve just recently… Read more »
YeahRight
3 years 5 months ago
The Court’s ENTIRE goal is to subsidize the ex!The courts can say whatever they want, but when I’m paying enough money to support the COMFORTABLE lives of TWO human beings when I only had one child, I am subsidizing my ex. It is ridiculous that there is no cap limit on support. It is infuriating that men continue to be beaten over the head with lawsuits to increase child support while the courts stand by like a suited goon with a baseball bat to enforce this extortion! I have no problem paying (within reason) for may child, but I will… Read more »
3 years 6 months ago
SSDI and non working parentI was on ssdi before my ex and I broke up. When I moved out on of the first things I did was visit the social security office to see if I could get more funds added to the children’s benefits, because I didn’t think the current amount was enough to support them. In the two years now, that I haven’t lived with them, my ex has yet to get a job, and has been living off of their ssdi benefits. Since she hasn’t moved since we split, I know that her monthly rent exceeds the… Read more »
JR W
5 years 8 months ago
Time for MASSIVE CHANGEI believe we must band together, join legal forces and getting a massive and swift movement started to turn the judicial system around on these issues of fathers who work, keep 50% custody, pay for EVERYTHING, and can get penalized simply because the childrens mother decides to VERBALLY say she is owed money without ANY due diligence done on the part of the state. The current situation is this: Men/Fathers who are divorced are GUILTY of everything they stand accused of, until they take the time, money and energy away from more important things like parenting and… Read more »
Jeremy
1 year 6 months ago
I have 50/50 custody with my first child. Her mother and i had exact incomes for about 3 years and now she quit her job and makes $14K a year. I did not have child support payments until now. She self impovished herself so she can sit at a pool all summer and not work. My lawyer proved she self impoverrihed herself by having her boss testify, however they still make me pay $1200 a month and are making me pay the $800 for private school. This leaves no money for my mortgage and no food for my current wife,… Read more »
5 years 11 months ago

Voluntarily Unemployed
In most states the Courts do have the ability to impute income to a party if the Court believes that the party is voluntarily unemployed or underemployed. You would need to show the Court that she is voluntarily unemployed or underemployed.

John.
5 years 11 months ago

ex refuses to work
What if the ex states she “refuses” to get a job (in writing) and to make “side money” does constant yard sales (ads caught of the sales). My ex moves from guy to guy where the guy pays for everything (house, utilities, car, car insurance, etc.) What would you do in this regard?

scottness
6 years 26 days ago
that’s the problem thoughthat’s the whole problem. the idea of the “intact family” and what they WOULD have had is simply a false premise set up with the concept of CS, largely because the beneficiaries are women. I have younger children with my new wife and can assure you, in no “intact family” would one child receive so much financial consideration. Also, in any “intact family” each parent (particularly the “breadwinner” as old fashioned as the notion may be) would have a say in how the money is spent and how MUCH money is spent. None of that holds true.… Read more »
DD.com admin
6 years 2 months ago

Do I have a say in how child support is being used?
Generally, the paying parent does not have any say in regards to what child support is being used for so long as the child is being provided for. Most states have a formula for calculating support which takes into consideration the income of the parties and the placement schedule. When you meet with your attorney, be sure to bring your original divorce decree to show what factors the Court took into consideration when setting the original support amount.

HappySingleDad
6 years 2 months ago

Yes, but wasn’t the question is what do you do when you feel the wife is using the child support for herself, not to take care of the kids, for HER clothes, travel, entertainment…
Thanks! HSD

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