Abandonment is generally in the financial sense, meaning you relied on her for your support and day to day living and she withdrew that support from you, it is not clear from your post whether that was a factor here. In general, abandonment has only a small impact on the ultimate division of property, unless her conduct led to economic losses related to the property.
To answer your questions:
Abandonment may have some impact on alimony, but you should be aware that she can claim that there were circumstances that forced her to leave. Based on your post, I am not sure if this is true. If she earns one quarter of your income, it is likely that you will owe her alimony, depending on the custodial schedule, you may also owe her child support. The court will not likely look at her living with her parents as a long term sustainable solution and will attribute some living expenses to her. The court will most likely assume she is living there temporarily until the support issues are worked out.
You are not going to be locked into continuing to pay the above things, however you are are establishing a pattern than you can afford to do those things, and the court will consider that. You should run the child support guidelines and should be paying that as a minimum until this gets worked out.
These will not affect you in a negative way.
As long as you are both in the State of North Carolina you can record calls between yourself and another party, as long as you are a party to these conversations. This means you could not record her phone calls with the children.
You can ask her for money to pay the mortgage, though she does not have to give you the money, and most likely won’t.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.