Child Support, Abandoment, Alimony, Alienation


#1

In North Carolina, a child born during the marriage is presumed to be a child of the marriage. So, until he shows that that child isn’t his, he’s going to pay child support. And since he’s been supporting that child as his own throughout the marriage (I’m assuming you are not getting child support from the biological father), it may be possible for you to get child support from your husband anyway. The court will determine what is in the child’s best interests in terms of meeting the reasonable needs.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#2

Dear Ted33:

Greetings. First, I am sorry to hear about the situation you find yourself thrust into by your uncaring spouse. Yes, he may be liable to support your other child if the child was adopted or born during the marriage and if he does not object to paternity. I would definitely ask the court to make him support the child, although it may be a long shot.

You may need to obtain an attorney, get a credit card, take out an equity line on the house, borrow money from family and friends, and go into debt initially in order to get a positive outcome for the long term.

You are entitled to child support and probably alimony, depending on how much he earns. Do not delay getting legal assistance, even though the cost seems high because it is worth the cost to someone in your situation. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#3

UPDATE!

I ran into a young lady that works for Rosen inside and outside the courthouse. I left a message and hope I can get someone to see me soon. He is not making any moves and I need to at this point.

Our oldest is 13 and he married me when she was 10mo old and has supported her all her life basically. Our second was born in the marriage but the circumstances are questionable. The third is ours.
He has taken the responsibility all our marriage to raise the girls no matter what, perhaps not the best way, but he tried. Although he left like this about 4 years ago for another woman, then I cheated (did not sleep with him though)on him with a co-worker and he found an email, and here he goes again. I am tired on all this sin, pain and hurt and I know God wants a better life for the girls and me. Did I compromise what I may be entitled to because of my behaviour? We forgave eachother and tried to get it right, but sadly this has happened.

He does not make much about 30K a year. (Did not marry for $$$)
However, I know a judge will not give me all his paycheck.
I put him through school to become a police officer. Encourage him to get his GED and go to college.

He still is seeing the other woman, I saw them tonight together. I have pictures of her picking him up at our house on Christmas Eve, Phone records, and even witnesses.

I finally told him that he made his choice, he gave me up, which was stupid -since I am intelligent, pretty and hot!(hee-hee) I am in Nursing School in a program ran by NC State and do not want to drop out of school since this is my future and a way to support the girls without him.

Would anyone take the case Pro-Bono?

I pray someone can see I am truthful and genuine and reach out to help me in this situation. Yes I have always genuinely loved him and this hurts to see something that could have been so great, fail like this. I thought God wanted to finally heal our marriage.

Thanks for listening!


#4

Dear ted33:

Greetings. I am glad that you ran into someone from our firm at the courthouse. Our firm takes pro bono federal cases for internationally abducted children utilizing the Hague Convention. Due to the complexity of these international abduction cases, we currently do not take any other pro bono cases.

I do believe that you are still entitled to child support and probably alimony. I would suggest that you retain an attorney in order to assist you with your case and negotiate the funds you need on your behalf. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#5

I got it all on Christmas Eve. Husband left with another woman. She came to my home. He left and has no intentions on returning.

I went to file for Child Support today and the gentlman on duty said that even though our first child is not his, by marriage he needs to support her? Is this correct?

He paid the mortage for this month and left me $200.00 for all the other bills, which is not enough.

I am a full time student and work for $7.25 per hour.

Help! What am I entitled to and what are the rules for Child Support?