Husband Moving Out... questions

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I are seperating August 1 so that we can divorce. We currently live together, but that’s when the lease is up on the house we rent and I can resign in just my name (which I’ve already done). I have been a stay-at-home mom for 9 1/2 years. We have been married for 7 years. The child born before our marriage is his and we have lived together that entire time. We now have one other child born after the marriage. I am in school, but will not be finished until August 8. Then I will have to wait to take a NC board exam to become licensed. My questions are as follows:

Is there anything I can file for now knowing I have an “upcoming hardship”? When Aug. 1 rolls around, I will be living strictly off my savings. If I file for child support on August 1, approximately how long will it take me to start receiving payments? Are they retrograde to the time he left?

Will I immediately qualify for any sort of government assistance until I get a job and start making money?

Once he leaves with the material items that he wants, is he “allowed” to come back for more since we will only be seperated and not divorced?

I know that he has a lawyer to “get things taken care of the right way.” Frankly, I can’t afford a lawyer AND afford to live until I get a job (and, even then, things will be tight for me). I know that he doesn’t want to pay child support and I imagine that is why he’s seeing the lawyer. I also know that he is obligated to pay since I will be the primary caretaker. Any advice in this area?

Thank you so much. This is such a wonderful resource.

2

You can begin the process of filing for custody and support prior to the separation so that there isn’t that much time that elapses between the separation and a court hearing on the issues. If you are unable to retain an attorney, you should consider using Rosen Online or visiting your local child support enforcement office to have them assist you with child support.

If he leaves voluntarily and maintains a separate residence, you can change the locks, and you can have him charged with criminal domestic trespass if he comes back uninvited.

Child support is based on guidelines which take incomes, expenses, and the number of overnights with the children into consideration when calculating an obligation. If you have been a dependent spouse, it is likely that he will owe child support and spousal support.