Greetings. Let’s see if I can help answer these:
Either you or your spouse must be a resident of North Carolina for 6 months prior to filing for divorce. There are no exceptions. One does not need to live in the county, only the state for 6 months to be able to file. If you do not live in the county for 6 months, then your spouse can move the matter to another county where they reside.
Remember that the divorce is COMPLETELY separate from the child custody and child support issues. (Visitation is under child custody).
You must know his income to get the child support numbers. If he won’t provide it voluntarily, you may want to file for child support with the child support enforcement agency. They can obtain this information very easily, except in cases like yours where he works for himself.
No, the court does not generally order someone to work full time, but the court can impute income to him (create an imaginary number for his income based on what he “could” make if employed properly). Yes, you do have a legal resource, which is filing for child support. Since your spouse’s income is so speculative - you will likely need an attorney to request a deviation from the child support guidelines.
Yes. It is enforced by calling the police on him when he does not return the children. If you are worried about enforcement though, I would suggest that you consider placing the terms for child support and custody in a court order. This would make enforcement easier.
Maybe. It depends on the letter and the court. I would file for child support today though…since you can usually only go back to the date of filing to determine child support.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.