Child Support during 1 year separation


Dear srapilverd:

Greetings. A court can order him to pay child support or if you have a separation agreement containing the proper provisions, then he will have to pay. Without a court order or separation agreement, he is not “required” to pay child support.

Child support is determined by looking at the number of overnights each parent spends with the minor child(ren), the gross income of each party, medical insurance premiums solely for the benefit of the minor child(ren), and any work related day care expenses. These factors are placed in the child support calculator and an amount of child support is determined.

You can ask for the North Carolina Child Support Enforcement Agency to set up an amount of child support and have it garnished from your husband’s wages. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


If my husband leaves, at my request, our home to start the one year separation requirement, is he required to give child support? How is that determined? How do I insure that he will?