Going to court

North Carolina Divorce Law Divorce and Separation Answers
1

Dear LetitBurn:

Greetings. It may affect your case if you do not use a judge from the same county, or it may not. We only practice in Wake County currently, possibly because of this very issue.

You should plan to show your bills, asking for both retroactive child support and prospective child support. While he may not have to pay for half of all expenses, he may have to pay his percentage (as determined by the NC Child Support Guidelines) of the bills.

No, I don’t think that you will get PSS or alimony, although a closer look at your finances will be important. Other than alimony, his living with a woman does not matter to the court for child custody or support, unless you are saying that she is his roommate and should pay half of his expenses. Use the information to your good, but don’t dwell on it.

Yes, you can ask the court to immediately set the house on the market for sale, due to his late payments, through a motion for interim distribution. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Rather unexpectedly my ex is asking the court to take over our case. For 6 months we have gone back & forth on the agreement. He doesn’t pay support for our two babies and I am footing the bill for thousands of dollars in medical bills from the birth (twins). Anyway, my attorney is from one county (where I live) and my ex filed in another (where he lives). That won’t hurt me, will it? I’m worried his attorney is in good with the judges in his county. Also, if I have documentation from my office calendar (MS Outlook) that shows when he’s seen the kids, bought them formula and just about any conversation we’ve had, is that acceptable to a judge to show that he hasn’t paid me much of anything and that he makes me promises that he doesn’t keep? Also, he has a woman living with him (from what I hear) [:(!] and I cannot afford a PI to investigate. If I were to take pictures of them together or just her car at our home, is that admissable? What if a family member took the pictures? Also, if I make more money than he does but he left me while I was on maternity leave (unpaid at the time), am I likely to be awarded alimony or PSS? I don’t want it, but my children have high medical bills and I don’t receive any help. He will claim he has limited income and has another child support order for a previous child. He wants to keep our house, but has been late on every pymt since he left me. Can I ask a judge to make him sell the home or at least take my name off the mortgage? Is that common in NC?

Thanks for your time! [:D]