Do you think I will be able to get primary custody of my child based upon her mother’s lack of supervision?
- Not likely
- No way
Thank you in advance for taking the time to read and comment on my situation.
I have been a resident of NC for several years, have been separated for well over a year. I would like to file for divorce, primary custody of my child, and distribution of marital property.
There is one child, age 11, who has been living with her mother for the past year. The child does not receive proper adult supervision, is failing most classes in school, and the money I have paid monthly for child care has not been used for that purpose.
The martial residence is located in Guilford County, and is sitting vacant. I reside in Wake County, and the mother lives in Forsyth County.
There is no separation agreement in place outlining custody or child support. All current financial and custody arrangements have been the result of informal discussions and email.
My questions are as follows:
Can I file in Wake County? I meet the 6-month guideline for the state, but have not been a resident of Wake County for that period of time.
The marital house is now vacant and creating a financial hardship. The mortgage and deed are in both names, but my ex refuses to share the expense of preparing the house for sale, is not contributing to the mortgage or utilities, and will not sign a contract to list the house for sale. I cannot continue to make payments indefinitely. I would like to avoid foreclosure if at all possible. What does it mean to file an interim distribution? What complaints, motions, or other documents need to be filed to allow me to list and sell the house without interference from my ex? How quickly could I potentially get an order to list and sell the house? Can this be done pre-trial?
The only other marital property we have is my retirement account. There has been a HUGE drop in the overall value of my retirement fund. If my ex receives a distribution from my account, will the value be at the time of separation, or the day of the order?
I have been paying monthly child support based upon the standard worksheet. The dollar amount calculated and paid monthly based upon salary information, and the expense of child care and health insurance. Despite my requests, my child has not been in child care for over a year. The child does not have adult supervision from the time school lets out (approximately 2pm) until 5-5:30pm. The child is left in the home unattended all day long during school breaks. Since the money allocated for child care is not being used for this purpose, can I recalculate and remove the line item for child care? Is there a reason that I should continue to pay for it, even if the mother is not using the money for child care?
My ex used a store credit card with my name on it to purchase items, knowing full well that I would receive the bill. We have been separate and apart for well over a year, and it was a spiteful act. I am being held responsible for this bill by the store. What repercussions could there be if I deduct the amount from my monthly support payment?
Thank you SO, SO, SO, much!