Forms & location to file for custody


#1

I need to file for joint custody of my 2 month 3 day old daughter. What is the form number used in NC, Cumberland county. Where do you file the motion?


#2

There is no form per se. You will be filing a Complaint for Child Custody. Many counties have self serve clinics that do have Complaints that are “fill in the blank” style. I suggest you visit the clerk of court in order to find out if Cumberland County offers self serve documents.


#3
  • I have been married since 25 October 2009, 10 Months. I filed an intent to seperate at the NC Register of Deed’s 17 August 2009. Is my spouse entitled to alimony or spousal support according to the NC statute until the divorce is final?

  • She is asking for more than equitable distribution of the assets in the home. I have maintaned the receipts of the purchases. Is she entittled to any furniture I purchased before we married that was in the home according to NC statute?

  • I currently pay child support totaling $1476.00 to five other children. Two of the payments are court ordered, and the other 3 are the amount agreed upon by me and the mother of the children. I am about to divorce my 3rd wife, we have a newborn daughter. I offered & currently pay $500.00 to my future ex-wife. Do you think the court will increase or decrease the amount I offered to pay?

  • I offered to pay spousal support for a year of $300.00, she denied it. If the court agrees on spousal support will this suffice or will they increase the amount?

  • I currently make $4920.37 from my Air Force job & $550.00 from my part time job.


#4

Your spouse can make an alimony claim and may seek post separation support ( basically temporary alimony) at any time after you begin living separate and apart. Post separation support is normally set for hearing within 30-60 days from the filing of a complaint, and can be awarded at the hearing for the same. Alimony is not awarded until Equitable Distribution has been ruled on, which can happed before the divorce depending on the court’s docket.

In a case where the marriage only lasted 10 months I believe your spouse would have a difficult time proving dependency, in other words such a short marriage makes it difficult for your spouse to prove she is actually and substantially dependant on you for support.

Any property acquired prior to the marriage is separate property and not subject to distribution.

As for child support, it will likely be awarded according to the guidelines. There is a child support calculator on this website that you may use to estimate child support and will need to input the figures you list as well as her income, child care costs, and medical insurance cost for the child of the action.


#5

What is the estimated total cost a attorney in NC charges for a child custody, spousal support, child support, equitable distribution case? What is the estimated retainer required? Will it cost more due to several appearances in front of the court?


#6

Most attorneys bill by the hour, and have different rates depending on their level of experience, location, number of clients, and other factors. Attorneys also differ in the retainer amount they require to begin. There is no way to estimate the total hourly fee amount at the onset of the case as the number of hours work a case will take is always uncertain.

At Rosen we bill flat rates so you will know upfront exactly how much your case will cost you, start to finish. You may want to take a look at our fee calculator to get an estimate of what your total costs will be.


#7

I have two court ordered child supports & 2 child support allotment I have direct deposited from my Air Force check. Me and the childrens mothers agreed on an amount and I set up the allotment over the military pay system. There was no agreement signed between me and the mothers. Will this suffice in court as evidence concerning setting up new child support amounts. I want to ensure I am getting full credit for the child support I already pay.


#8

If the amount you have directed has been agreed to the court will consider that when making a determination of support.