My husband had an affair and left me for the other woman last October. He filed for divorce in August claiming that we separated August 1st last year.
My answer to the divorce summons was received by the court two weeks ago, and now he says that he is withdrawing all support and refusing to pay my rent, which is due tomorrow. He’s willing to do this even though I’m raising our two children in this apartment, and have nowhere else to go.
He has been our sole support for all 20 years of our marriage. I am disabled, although I never petitioned the government for Social Security disability. I have not worked to support myself since shortly before our wedding.
My question is, does North Carolina law provide any protection for a dependent spouse against this kind of financial abandonment? And if not, does the law provide protection for our dependent children? They’re only 12.
Yes. If you don’t already have a court order or separation agreement in place, you should file an action in court for postseparation support, alimony, custody, and child support. With claims for postseparation support and temporary child support, you can get into court before a judge with a few weeks to a few months, depending on court availability in your county.
He should not cut off all financial support to you if you are the dependent spouse, he is the supporting spouse, and you are the caretaker for minor children. A judge will not like to hear that he, as the supporting spouse, has done this.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much.
Sadly, I’ve already been told that your Law Firm cannot represent me in Rutherford County , and I really can’t afford a lawyer as my husband controls the purse strings. But, I hope you’ll answer another question. Is there a specific form one has to fill out in order to apply for alimony or for post-separation support? May one simply type out the answers to the questions of whether one fits the criteria for receiving these methods of support?
There is no pre-printed form to use to make claims for postseparation support and alimony - you must draft your own Complaint. However, you can use our Sample Court Complaint as a guide to draft your own.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.