Custody / leaving home


#1

if I consider leaving home when would I file for custody since I would want to take the children with me . Before or after I leave .

What is benefit to staying in home if house is upside down and neither can document income to support it alone besides letting children have some normalcy for the rest of school yr.?
Also what do i need to do to document income from his side business for child support etc.


#2

You cannot file suit for custody until you no longer live with the other parent. If you do not wish to remain in the home there is no benefit to staying there.

In order to ascertain what your spouse’s income is you will need paystubs, tax returns (business and personal), and bank statements.


#3

what if he is hiding income but I have documentation of monies rec’d over an extended period of time . Can this be used in calculations for child support ?

So f one parent leaves with child they would file when they have moved out or days before once they have a place to live secured ?
If so can other parent file for emergency or temporary custody or would papers filed by exiting parent hold child with that parent ? and would parent in existing home have better grounds to get child back quickly even if move is within same school district ? also is other parent alowed immediate access to visitation or what happens ?

If parent leaves with child and has not filed for custody and other parent files for Emergency custody is that granted immediately or must you await hearing ? How long till hearing ?


#4

You may present evidence to support your position that he is hiding income. You may file for custody as soon as you move out, and you may take the children with you.

Emergency custody actions are not appropriate unless there in immediate risk of harm to the child, or if one parent flees the state with the intention to avoid the jurisdiction of the NC courts.

Temporary hearings are normally set anywhere from 1 to three months after filing. Until then both parents have equal legal rights to the children, and both may spend time with them.


#5

If you read this, here my words. You might be making a big mistake if you do not have justification for leaving. If there is abuse involved, you must prove it. Drugs or alchahol envolved, you must prove it. Other than that, its all heresay. The best way to do this is to go to your local district att and explain the situation if there is abuse that affects you and your child. If there is physical abuse and you are a feemale, to to the nearest battered womens shelter. Moms and dads house will not cut it. That shows abandonment. BUT!!! If you do leave without provication and the other party is smart, they can file an emergency motion of abandonment and the child will come back to the home and you will not.
Remember this. What the courts need is to show that the child/ren have a roof over their heads and are in a stable home.

Money issues. It depends on the time of the year. If you file for childsupport hearing and the court date is on the latter six months of the year, you can ask for the previous years taxes but child support us usually computed on the last 3-4 months of income.
If you can file for the CS to be heard about the month of March or there after. That way the past years income verification is relatively new and the court can compute based upon that.

NOTE: The NC Law stated that it is Gross Income, not Net. If the other party has a side business, its not all the funds received is considered as income. Its the profits after paying overhead of the business. Example income of $20000.00 for year. Tax deduction expences are $12000.00 the taxable income thus would be $8000.00 and support calculated off of that $8000, not $20000.
Is sucks but its the way the laws read.