Debt after separation?


#1

My husband and I separated, I left the home and only took personal items and minor furniture. I had to replace all other furniture. We have already split accounts and the retirement account. I want the children half the time which he is not wanting to do, because he has been at home with them for the last 10 years while I worked. That is the issue that I have that I want the children more. He want/expects me to continue to pay half of the mortgage. I left all the appliances, bedroom furniture, dining room and other items. The mortgage and small amount on equity line equaling approximately 60 thousand. We also have vehicle loan on the auto that is mine which i drive, the other vehicles are paid for. There are other toys like ATV, motorcycle, and RV and utility trailers which are with him and are going to be sold. When doing the alimony calculator it comes up with a negative number what does that mean? I have figured the child support calculator different ways depending on the custody, he is disabled and receives check for the children. I have figured that in with his income and with out it depending on the way it goes. He wants half the mortgage, stated we could call it child support if that made it easier. I have had many people tell me not to make agreement to pay this large amount of money because I left him the house and if he wants to stay in the house he makes the mortgage payment, if not he needs to sell it. I just want to make sure that I am not doing something wrong. I don’t want to make it miserable but I don’t want to be taken advantage of like the most of my life. I was just trying to see what I should do. He says that I am responsible for all debt that was acquired during marriage. Thanks any help would be appreciated. He also says that the 7 days with me and 7 days with him is not in the best welfare of the children. No judge will sign off on it and I will not be able to do that. I think it is more stable then 3 or 4 days with one then the other. HE is just not seeing this. I want to do what is in the best interest of my children.


#2

All marital debts and assets should be divided. The courts usually divide them equally unless there is a factor that warrants an unequal distribution in one person’s favor.

As for alimony, the calculator is just a guide. We don’t have an actual calculator in NC. First, the court must determine that you are the supporting spouse, then determine that the need of the dependent spouse and your ability to pay that support. This figure can very dramatically depending upon your financial commitments.

As for custody, if the parties cannot come to an agreement, you will have to take it to court. A lot of counties now have mandatory mediation.