Entitlements


#1

Dear Afellow:

Greetings. It sounds like you are about to deal with a jurisdictional problem. Let’s go over as many of your questions as I can answer with the information provided:

  1. In North Carolina you must live here for 6 months before you can become a resident of North Carolina. It sounds like you are in the military. In the event that you claimed North Carolina as your home of residence, this requirement of actual time living here may not be needed.

  2. As long as you are a resident of Hawaii, and you filed first, everything should be heard in Hawaii. You will still need an attorney in North Carolina to answer her complaint with a Motion to Dismiss and have a hearing on the issue of jurisdiction.

  3. We have five main issues when we discuss divorce: Alimony, Equitable Distribution (property division), Child Support, Child Custody, and finally the actual divorce. What did you file for and what did she file for?

  4. You can use our child support calculator on our website to find out how much child support you would owe.

  5. She may be entitled to alimony if you currently make more money than she does and she is not intentionally depressing her income. If she is eligible for alimony, she may also be eligible for attorney fees.

  6. If you are already divorced, then she cannot file for alimony or equitable distribution in North Carolina. On the other hand, if you have only a separation agreement, it would depend on the separation agreement whether or not she still has the right to file herein.

The words you use to describe your situation and what has happened before are critical to my answer. Your best bet is to contact a board certified family law specialist in the county where your wife filed a court action and obtain legal advice on your particular situation. Best of luck and let us know how it turns out!


#2

I am presently going through a divorce. My wife is in North Caolina where she been for the last 5 months, if she been living with me out of the state of North Caroline does she remain a resident. She lived outside of North Carolina for a total of 4 years. We were married for 7 years total and have one together, she has two other sons.During these seven years she was thebread winner of the family. She made the majority of the house income. This last years she claims I am now the making more than she is, is she entitled to alimony? I’ve given her a car, and a house full of furnature already. I make a total of 2236.80 a month about how much would I pay for child support in the state of North Caolina? I’m in the military so medical and dental is taken care of. She told me, that her lawyer had given here a figure like $800 for child support,she’ll get alimony, and I have to pay her lawyer fees. I’ve already filed in the state of Hawaii, where I was stationed. The divorce decree had stated everything that we had areed on and now she files in North Carolina after she has already been notified and served with the summons. Please help.[V]