Child support when the parents are cohabitating but are married

#1

Hi all,

My spouse and i have some marital problems also she want divorce but we are still at the same house.
She is not working since long time not for children but she want to look job. I am doing all expenses.
She is complaining because when there are not much money in our joint account even i want to give her my own account, she is refusing by saying it is not legal.
Now she is calling NC DHHS: Child Support Services in case to ask child support even we are still at the same house
My question : Is it possible to her to ask child support ? if yes, why she will ask it because i am doing all things ?

Best regards

#2

Your wife cannot get child support while you are an intact family unless she also files a child custody claim against you.

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 for your response. but even we are an intact family, can she files a child custody claim against you ?

#4

Yes, there is no requirement that Mother and Father being living separate and apart before filing a child custody claim.

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.