Am I wrong for asking for this?


I forgot to say an quick answer would be appreciated as my husband gets paid on the first and I need to know if I should see a lawyer before then…I have rent and mounting bills and its been 3 months of this financial battle. I just want to know what are his legal obligations and what are mine?

Robin Nichols


Dear wantnewstart:

Greetings. Unfortunately, by posting a second time, you put yourself on the end of the list for receiving a response, since I answer the oldest posts first.

While the emotional turmoil in the marriage is relevant for alimony, the main information is on earning capacity and income. If he makes more (which you said he did) then you can ask for support from him. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I need to know if I am justified in asking for the financial support I think I need to be on my own. I will give the basics, although the process to get to this point has been complicated.
I have been w/ my husband for 13 years, married 5 1/2. I spent years trying to get love and attention, and the past 3 years gave up giving, but still tried to work things out, asked for counseling, begged, fought, etc, w/ no response other than indifference. We have 2 kids, 10 and 2. Jan 2005 I told him I wanted a divorce, and he moved out. I live in NC in a rented house that is now up for sale. He has had a job/jobs for 95% of our relationship that he is over the road which meant I could not work because of childcare issues, and I wanted to stay home to be w/ children because he was never there, and when he was he had checked out emotionally.
For at least 4 years that I am aware (he will not give me an answer) he has been on the internet and cell phone visting sites intended for affairs or chatting with other women. I found out and asked him 2 stop and begged for couseling, which he never did. Our son is an emotional wreck and has been in counseling. I had to take him to the hospital because he was threatening to hurt me and himself, incurring a 400 bill. My ex says he thinks it was uneccesary and I was being dramatic so he should not have to pay for it.
I am planning on moving when house sells (probably June) and working and being on my own. My skills I figure I can make about 500 a week gross. My ex makes can make anywhere between 1000 to 5000 or more a week. I asked that he pay the bills and for what I need until I work and am in a new place, help me the first cople months financially in the new place then give support fo kids (not determined yet) He agreed, then says I am using him for money, then agrees, then says he shouldnt have to pay anything but basic rent and utilities. its back and forth. He says I chose to divorce him so he shouldnt have to suffer. I think because of my situation, he should have to provide what I am asking and Im being more than fair. Am I wrong? Every time he gets paid it is a fight how much money I am allowed to use. The current situation, I have no extra $ for things like car mainteance, medical, or savings to move. Plaease advise what is fair/or right. I tried to do it between us, but court is looking to be in the future.

Robin Nichols