Attorney Initial Consultation & self employment


#1

What is to be expected/was is accomplished at an initial consultation with a divorce attorney? Will they be able to start the court order process if you need a court order for child support/alimony/divorce from bed and board?

How does NC calculate alimony and child support when you have a self employed spouse that makes literally nothing on his taxes? Can I bring in our bills that we pay every month and our bank statements to prove he makes more than $0? The gross receipts number on the taxes gives a good idicator-what items specifically would be deducted from that amount to arrive at his net income? I am the dependent spouse and dont have a job-


#2

An initial consultation is just that. The lawyer will look at what you bring in and answer any questions you may have. They can also advise you on your next steps. But in order to initiate any legal proceedings, you’ll most likely have to pay a retainer or set fee first. That’s how most law offices operate.


#3

An attorney can outline the process of separation and divorce based on what he or she thinks of the specific facts of your case in an initial consultation. It is an opportunity to plan out the course of action which best suits your individual needs, and to have your questions answered in a private confidential setting. Normally an attorney will set a fee or fee schedule showing what various flat fees they charge, or how much they bill by the hour in the first meeting. It is unlikely that a court action would be commenced the same day as your consultation, but could begin shortly thereafter as soon as the attorney has had sufficient time to learn the facts of your case and create an action plan.
Child support in North Carolina is based on the North Carolina Child Support Guidelines which uses the parties gross income, insurance cots, day care expenses, and the amount of time spent with each parent in order to arrive at the suggested amount of child support in each case. There is a sample child support calculator on the website that you may use to estimate the child support in your case.
Alimony is another matter all together. There is no calculator for alimony and the statutes don’t give us much guidance. Typically alimony is based on the dependant spouses’ demonstrated monthly needs, and the supporting spouses’ ability to pay.
In cases where the supporting spouse is self employed bank records are often used as evidence of actual income.