Alimony, custody, and more in the USMC


#1

I just want to state this now, I am filling this out for a friend trying to help him out.

A month ago his wife left on a Thursday and said she would be back on Sunday. Well needless to say here it is a month later and she is not back. She has admitted to him and all of us here that she cheated on him but wanted to work things out. When she left North Carolina to go to Maryland she took his car and is driving with no license, and left their 19 month old son and told the Father he could keep him. My friend is trying to get his car back but she will not give it back and the police department their said they couldn’t help him get it back since they were together at the time he bought the car. She calls him only to ask for money for gas and cigs and rarely calls to see how their son is doing.
My question is since she left can he file for custody of his son? Also, how would alimony work in this case? I have done some research and read that in North Carolina if a spouse cheats or commits adultery they forfeit their alimony? Also, since he has his son should he be sending her money? or should this wait until a mediation has occurred or they go to court?

Thank you for your time.


#2

He can and should file for custody of his son, and will need to file an action for equitable distribution to deal with the car and any other property they aquired during the marriage. A dependent spouse who has committed adultery during the marriage and before the date of separation is barred from seeking alimony in NC so long as the supporting spouse did not commit adultery.
He is under no obligation to send her money at this time, and I would not advise him to do so.