Based on the facts you have put in your post, there should not be any legal implications if you move out. You will need to make sure your Husband knows where you are and the two of you should try to work out a custody schedule. I normally recommend that you should contact with an attorney before moving out, however in your case it sounds like the situation you are living in are not healthy for you and your children. If the threats he makes make you concerned for your safety or those of the minor children, then you can seek a Domestic Violence Protective order to protect yourself and the children. If you feel that you are safe in the home, then you should consult with an attorney before deciding to leave the residence. Once you have separated, Child Support Enforcement can assist you in seeking child support, their website is www.ncchildsupport.com.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.