Child support

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Karen King:

Did you receive the divorce in Texas? Did he counterclaim? You will probably need to refile here if the divorce was not finalized. If you have a divorce decree, you have lost your claims for alimony and equitable distribution.

Child support may be retroactive, but spousal support will only go back to the date of your filing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

2

I filed for divorce in Texas in August 2003, but in December of 2003 my husband was laid off from his $140,000 a year job. I went ahead and moved back to Raleigh, before the settlement papers were signed. He also moved back here, we live apart, but I am not receiving any support from him. He refuses to sign the settlement papers(we went through a collaborative process) because he doesnt think he should have to pay any support while unemployed. I am working, barely making ends meet, and dont know what to do. What does the law say about support from a father when he is unemployed. We have gone through our savings and we both have 401’s (premarital), but he has no income. If I file papers here, is support retroactive???