Can I file for Child Custody and Support later


#1

Hi!
So what if he refuses…take your separation agreement to the court house and file for child support…they will do everything for you once you fill out the papers based on the rotation schedule, etc of the child…sounds like 50/50…that would be a worksheet B in NC…If there are drastic changes once you get a divorce and/or gain full custody, you can refile and the amuont he pays will be adjusted accordingly, you are entitled to child support…and NC takes the issue very seriously…You dont need a lawyer nor do you need his consent to file…he will be served with the papers, his employer contacted, etc and it will be legal…he can contest it, but most of the time he will lose, especially if he makes more money than you…I only get $200 a month for our 2 year old…its not alot, but its something…get what you deserve and file for your child support!


#2

Thank you for your quick response…the thing about my ex is he does not work. He lost his job which will be two years in May 2007. He plays cards, Texas Hold’em for a living, and is making a nice amount $$$ wise, but I don’t think Uncle Sam sees that as work. So, basically what I need to do is go to my local courthouse and file for seperation and child support and they will take care of the rest, unless there is a battle or disput on the support part, I may not need an attorney.
Thanks, Meadow04


#3

Dear meadow04:

Greetings. If you stop living with your spouse in NC and one of you intend it to be permanent, then you are legally separated. There is no such thing as “filing for separation” when you are living separately. If you need child support, contact the child support enforcement agency as they are free or relatively low cost (like less than $50.00). Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

Thank you for your reply. So after one year and the one day of us living in separte homes, then I can file for divorce and our separation never has to be recorded? As far as the child support, can I file for that at anytime? I am affraid that since my ex-does not have a legit job, how would he be required to pay support? Thanks again for your advice.

quote]Originally posted by JanetFritts
[br]Dear meadow04:

Greetings. If you stop living with your spouse in NC and one of you intend it to be permanent, then you are legally separated. There is no such thing as “filing for separation” when you are living separately. If you need child support, contact the child support enforcement agency as they are free or relatively low cost (like less than $50.00). Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.
[/quote]


#5

Hello Janet,
Thank you for your reply. So after one year and the one day of us living in separate homes, then I can file for divorce and our separation never has to be recorded? As far as the child support, can I file for that at anytime? I am affraid that since my ex-does not have a legit job, how would he be required to pay support? Do you think it would be fair to figure his income on what he used to make while his was working? He is an abled man that just refuses to work to keep from paying me. Thanks again for your advice.
Meadow


#6

You can file for absolute divorce after one year and one day of living separate and apart. The separation is legal and is only necessary to record it in an agreement if you can agree. If there is no agreement, there is no agreement. If you both make the exact amount is the ONLY way the courts would not require child support obligations to be met. Your ex has an income or he will be required to show why he does not work (physical or mental limitations). In this scenario, it’s possible that unless you know what his income is, the obligation of child support may fall on you to pay him. You may need to see if you can work out enough to consult an attorney on this because his finacial records would need to be brought into question and I am not sure they could do that by just filing for child support and think it would need to go to court. In court, he could be asked why he does not hold employment and the judge could even force him to get a job in order to cover child support obligations.
Bottom line…if he turns in his “winnings” from cards as income then he can be held responsible for child support…if he does not show and income with the government, then it will be difficult to force him to pay child support without going to court.


#7
quote:
[i]Originally posted by meadow04[/i] [br]Hello Janet, As far as the child support, can I file for that at anytime? I am affraid that since my ex-does not have a legit job, how would he be required to pay support? Do you think it would be fair to figure his income on what he used to make while his was working? He is an abled man that just refuses to work to keep from paying me. Thanks again for your advice. Meadow

Sorry, I did not read this post until after I posted[:)] Depending on how long he hasn’t been working, you could base it on that. If one is found to be unemploying or underemploying him/herself to avoid paying child support or to decrease the amount of child support, the courts can base the child support figure on potential earnings or what that person COULD make were they working to their full potential or minimum wage 40hour/week whichever is greater. Believe me, my husband’s ex tried this and the judge and lawyer had a ball with this. But I’m afraid it would have to go to court for this unless the Child Support Enforcement Agency could do something to show him chosing a lower income.


#8

Dear Meadow,

You can file for child support and child custody at any time, it does not matter how long you have been separated.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#9

I have been seperated for over three months now, however not yet legal. I left a mentally and physically abusive marriage, and felt that if I was not there my son would not have to witness what he had in the past. The only thing we have been able to work out is temporary custody for our son (7 years old) and we do that by week on, week off which seems to do working for my son. I want to get the seperation papers signed to get on with my life. This is something that we can do and agree on together and will not cost much money since as far as marital assets, we have already distributed what we had. However, what I want to know is can I go file for just the seperation to make it legal and then go back when I can afford the attorney and file for custody and support. My ex is completely refusing to pay me any child support, which is a chance I am willing to take as long as I can get on with my life and have my son and his happiness too. PLEASE HELP IF YOU CAN…