Child support, Divorce, and Alimony


#1

Hello,

My husband and I have been separated for 9 months now and will be filing for divorce once it has been a year. I am unfamiliar with all these legal processes, so I have no Idea as to what to do first. After the separation we had a verbal agreement on child support which he quickly failed to comply and kept threatening to give me less and less. I have filed for child support but they have to wait for him to verify his income, he is a truck driver(owner/operator) and much of his income is in cash.

Recently, he asked me to remove the child support order and speak with his attorney about making a separation agreement that will include an amount for child support. Ideally, I would hire an attorney myself and have him or her meet with his attorney. The problem is I cannot afford an attorney. Also I tried to reach an agreement with him about including alimony along with child support, but he refused.

Most likely, we will end up going to court. I would like to know what I can “fight” for or am entitled to (if that even is the right word). We have been married for 11 years, of which we were separated for 3, and we have once child. He has a small business and I do too. Also, is it possible for us to go to court if I do not have an attorney? Please help.

Thank you


#2

You may qualify for alimony if you are the dependent spouse and your husband is the supporting spouse. A supporting spouse is the spouse that has provided the income and financial support during the marriage. A dependent spouse is the spouse that is actually substantially dependent on the other spouse for their maintenance and support. The purpose of alimony is to help the dependent spouse have the same standard of living as accustomed to during the marriage.

You will likely be entitled to child support depending on your custody arrangement. North Carolina uses the income of both parents to determine a monthly child support payment.

You will also be entitled to ask the Court for an equitable distribution of the marital property. Marital property is any property acquired during the marriage (date of marriage to date of separation) except for inheritances.

Yes, you can still go to court if you don’t have an attorney - you would represent yourself.

You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your divorce issues without spending thousands of dollars retaining an attorney.


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.


#3

Thank you very much!