Equitable distribution/ alimony & child support/ debt, e


#1

I will try to be brief and to the point. My spouse and I have been married for almost 15 years and have 4 children together. He has a severe drinking problem and I have recently learned he also has a severe drug addiction. He has been given every chance in the world- each one he has thrown away. These are my questions:

He owns his own business and has accrued a lot of debt. Is that also my debt? He also owns rental property and land, some having partners on, but all accrued while we were married. Am I entitled to proceeds when sold? What if he has corporations or LLC’s formed?

I am the primary care giver in the home. He comes and goes as he pleases. Sometimes stays gone for days and days… When dividing the property is it always 50/50? I cannot guarantee that he will always be able to provide child support or alimony. He is on a very self destructive path. It seems that the NC courts could look at the big picture, the addiction, etc… they would see my side.

Also, do they look closely at the self-employeed? he himself has said that he is broke and could file bankruptcy at any time. He has always controlled all of our finances. I have no idea where or when it comes or goes. He could also pocket the money and screw us to the wall- which I think he would do.

I refuse to go down in the quicksand with him! My children need me and he is trying to suffocate us. He knows that I have no money to move, hire an atty. or even buy groceries without him. He is giving me as little as possible for us to live,


#2

The business is indeed marital property, and therefore its total value (or debt) is included in the marital estate. Likely the business will be distributed to your husband with an accounting made in the overall distribution for the liability / value on the same. If he sells the business for a profit, that will be accounted for in the distribution.
Equitable distribution in North Carolina is presumed to be equitable when the property is divided 50/50, however the statue lists a number of factors which can be argued by a spouse seeking an unequal distribution in his or her favor. See N.C. G.S. 50-20 rosen.com/property/pstatutes … n-divorce/
For purposes of calculating alimony and child support the court will indeed look closely at his business records, tax documents, and bank statements if necessary to determine his income. You will need to do some discovery, and file your requests with the court. You make request any and all documents which may be necessary to determine his cash flow.