Husband and I have been legally separated since May 20th of this year. He moved in with a girl on probation
that he met at the job I got for him (can be proven) he is a disabled combat veteran and I was his caregiver. He did 12 years in the Marine Corps and I was there for all of it. When we began this process he was paying me $1700 a month in post separation support…he has since cut me off financially except for my car payment which is $307 a month. He will not communicate with me so we can effectively move this process forward so I feel stuck and very much at his mercy. He lives 6 minutes down the road with this woman…the emotional turmoil is over the top…what can I do to get what I’m supposed to get as his lawful wife. Please help. He gets 100% disability from the VA( $3600)plus he works fulltime but is claiming he cant afford to pay me $650 a month in support which is way less than what he was originally paying. Also has anyone had any success with suing for alienation of affection?
If your husband is not voluntarily paying you any financial support and you are the dependent spouse and he is the supporting spouse, then you should file in court against him for postseparation support, alimony, and any other claims you may be eligible for such as equitable distribution (property division), child custody, and child support.
You may also be able to sue your husband’s girlfriend for alienation of affection and/or criminal conversation in a separate lawsuit if your husband met this woman and it interfered with your marriage prior to the time you and your husband separated.
For more detailed information on alienation of affection and criminal conversation, and what you need to prove to be successful with both causes of action, check out our article Infidelity and Alienation of Affection.
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.
He is paying my car note. He was paying me $1700 then abruptly stop paying my support at all. We had a signed legal agreement in which he accepted responsibility for all of my household expenses. As far as alienation of affection she has NOTHING and is depending on my stb ex for all of her financial needs so I’m not sure it would be beneficial to go after her other than to prove a point. Can I sue him for intentional infliction of emotional distress seeing as how hes living 6 minutes down the road with her and I pass him on the road on my way to work all the time?
You are correct that suing the paramour for alienation of affection and/or criminal conversation is not likely worth the cost to do so if the paramour has nothing in which to collect a judgment in your favor.
Emotion distress is not a family law cause of action in which you can sue. You should instead file against him for postseparation support and alimony and include the general facts of the situation in the court complaint.
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.
My attorney says that a separation agreement is not really enforceable. He would not be served nor would we get into court so when you say file a claim against him for post separation support how exactly would that work?
You would need to file a lawsuit (a court complaint) against him for postseparation support, along with any other claims you are eligible for (equitable distribution, alimony, child custody, child support, divorce from bed and board).
A separation agreement is enforceable - it is enforceable by a breach of contract lawsuit.
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.