I finally gathered the courage to tell my husband I wanted a divorce. He says he wants to share custody of our 10 yr old son 50/50. He also told me that this is how custody is going to be and there’s nothing I can do about it). He also told me that according to N.C. laws that since we are going to have 50/50 custody that I am not entitled to child support. He makes 144k a yr, I only work part time (for now) and only made 8k last year. He also says that half of the debt is my responsibility. The thing is I don’t have the financial resources he does (his salary) and I feel that is not fair since I have been the dependent spouse for the 12 yrs we’ve been married. I told him that the reality is I don’t think I’ll be able to make a six figure salary like him (even though I have a master’s degree), but he said that wasn’t his problem. He also says he’s not going to pay any alimony. Is this accurate about child support?? I also feel that for now I am entitled to alimony until I can find I full time job, and I’m pretty sure that alimony would probably last for six years. Thank you.
Your husband is not correct.
Custody is typically 50/50, however, unless there are specific facts or circumstances to sway away from a 50/50 schedule.
Even with a 50/50 custody schedule, one parent may still be entitled to child support. Based on the figures you provided, you would be entitled to child support even with exactly equal physical custody. Child support is based on worksheets. To see what child support should look like in your situation, use our Child Support Calculator.
You are also entitled to alimony unless you have committed an act of illicit sexual behavior during the marriage. You can reasonably expect alimony in your situation to last 4-6 years, depending on the amount. Unlike child support, alimony is not based on worksheets and is instead based on 16 Factors.
To see what alimony could look like in your situation, use our Alimony Calculator.
Assuming the debt was acquired during the marriage and for a marital purpose or the joint benefit of the marriage, i.e. marital debt (most debt in a marriage meets this standard), then you are responsible for one-half of it. However, the marital debt is weighed against the marital assets in equitable distribution. Each spouse is entitled to an equitable share of the marital estate upon a separation and divorce. Equitable is assumed to be equal (50/50) unless an equal division would be unequitable.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thank you so much for your reply. It was extremely helpful !