Divorce? Alimony? Child Support?

Good morning! I need HELP! My “husband” is extremely abusive. Screaming in me and my kids’ faces, (just recently) Kicked in my front door, Threats, all of it. I want to divorce him, but I’m scared I wont be able to keep me and my children afloat on my income alone… I just started a job with a salary of 70k… However, I’m left with ALL the bills that we created based on his 150k salary… Not to mention he’s a lineman who goes on storm work which is a guaranteed 10-15k each time there is a hurricane (which is multiple times a year.) Am I eligible for alimony? Also - he has said on multiple occasions that if I try to take him for child support, that he will quit his job so that me and the kids get nothing. What do I do??? We’ve not even been married for a year!

EDIT to add: He works on the road… stays in hotels, so he has no household to support - meanwhile, I’m stuck with the entire household bills

Based on the information you’ve provided, it sounds like you are eligible for child support based on the income differential, whether you have primary physical custody or joint physical custody.

Even if he quits his job, it would likely be done in bad faith, which means the judge can impute income to him at the same $150,000 level and still enter an order requiring him to pay child support based on that income level. The law protects children from parents who threaten to be unemployed or underemployed in bad faith.

Since you’ve been married for less than a year, you are not likely to be eligible for alimony. This is because alimony is based in part on the accustomed standard of living during the marriage, and for a less than one year marriage, it would be very difficult to prove the accustomed standard of living from the date of marriage to the date of separation. However, you may be able to negotiate short-term alimony, and you would definitely be able to negotiate the payment of bills and expenses in equitable distribution.

The fact that he travels frequently for work does not absolve him from financial responsibility.

You may also be eligible to file for a domestic violence protective order (DVPO).

For more detailed information on DVPOs, including what acts of domestic violence are covered, how to go about getting a DVPO, and what happens throughout the DVPO court process, check out our article Domestic Violence and Staying Safe - The Details.


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.

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So, for alimony… Does it only go based off of length of marriage? We’ve been together 6 years but only married since october of 21’.

Alimony is based on 16 Factors, including the accustomed standard of living the marriage and the length of marriage.

A marriage of 8 months will be very difficult to show there was an accustomed standard of living, so the dependent spouse would have a difficult time supporting an alimony claim. And the possibility of alimony does not arise without a marriage, so the time you were together prior to the date of marriage will not count for an alimony determination.


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.