How will it affect my legal status?

North Carolina Divorce Law Divorce and Separation Answers
1

My husband left a little after a year, when my son was 5 months, i was going trough postpartum depression and he was cheatting on me, however he was very smart when everything happen, he erased everything before i was able to keep proves… I went to my country for a month and when i came back my marriage was over, i even found him exchanging emails with a girl that posted her services on craiglist… Very painfull to discover that the person that i loved so much and i gave a son to was doing this to me… A lot of our problems started when i discover his addiction to porn, and after that they just got worse, even phisical.

We bought a house and after he left, he wanted me to go live in an apartment, so he could move back in the house, i didnt do it cuz i was scared i would go homeless, i have nobody in the country, no family, just my son and when he was here i had him… Im a stay at home mother, i had one of the cars wich none of them is paid in full, and i was using one of them, on sept. 4th we had an argument, because he has the baby usually sundays during the day, and he wants to show up whenever he wants and he dont want me to say anything to him, so that day i didnt let him take the baby, in revange, he came and took the car, my only transportation and he has always put on my head that if i fail for child support, i wouldnt get much because he works on commission, so i havnt done it, but he would not bring money for food, somentimes for the pampers… I could go on and on…

This year when he did the taxes, i asked him for some of the money because i needed to send inmigration papers to have my green card, he told me he was going to give me 1500.00 out of the around 7000 thousant he got, he never did, when i asked him he told me that he didnt think he wanted me to have my papers to be legal int he country, my hands are tied, I dont know what to do w/o affecting my legal status, im waiting on my green card but im scared that he will stop the process if i go and do the child support and alimony… and on top of that im in the house with no transportation, when he has 3 cars on his hands and a motorcicle… court makes me nervous, and he allready moved on long time ago, and has 2 relationships, the most important thing for me is my son and with the help of friends i still feed him, i need some advice please, i cannot afford a lawyer, but i need to b prepared, please…

2

I cannot offer any advice regarding your immigration issues. I can tell you that you will need to file an action for child custody, child support, equitable distribution, post-separation support, alimony and attorney’s fees. Your spouse has an obligation to support you and the children, and may be liable for your attorney’s fees as well.

His income includes bonus pay, and that pay should be included in any support calculation. The court will likely use an average of his income, but may calculate support based on his base pay and order that any bonus pay received will be paid in the same percentage of child support as his regular income. DSS can help you with child support. If he is getting paid a lot of money under the table, there are a couple of things to show he is not providing you with accurate income information in determining proper support amounts. For example, his property is not considered income, but can be used as evidence of the same.

I suggest you meet with a lawyer in your area as soon as possible to create a plan of action.

3

I want to know if that in the case he took my vehicle, even tho he still paying for it, plus two more cars that he has, is there anything i can do to make him return it, im home with the baby all day, i had have to ask friends to take me food shopping or to his appointments… It feels so bad to have to depend on someone just to do the basic dayli stuffs…

4

Regarding the car, you should file an action for equitable distribution and include a motion for interim distribution of marital debt, seeking an order that STBX return possession of the vehicle to you and to keep the payments caught up. He will have to comply with this order until a final determination on ED issues is heard, or settled. This will give you access to a car in the meantime. Please seek the asssistance of an attorney to help you create a plan of action. Even if you can just afford a consultation, at least that will give you detailed information on the process.

5

Thank you, Im trying my hardest to put money toguether at least for consultation, plus there is some terminology i cant understand, but i do apreciate it a lot… Thank you very much.

6

I think that a consultation will benefit you enormously, and it will be worth the money it costs. Perhaps you can even find an attorney who speaks your native langugage as well. Good luck with everything.