Backstory Dated a girl off and on for 8 years, of which we had one child. She kept begging to get married and I agreed, under the assumption (her promises) that she would change (stop sleeping all day. Finish high school. Get a license. Get a job. Etc) we were married on April 9th 2016. Not much later I started regretting marrying her and she had not made any efforts towards her promises and I decided I could not deal with it anymore and told her I wanted the marriage to be over. She did not argue but told me she wanted it annulled… I was a truck driver and was unavailable to be home to do the paperwork etc. So at the end of our child’s school year June 9 2016 we agreed to separate and she took herself and our child to the maternal grandfathers home until June 24 at which she returned to gather all and only her belongings and that day she moved in with her mother. Our child stayed with her until july 15 2016 at that time she returned to my home so that I may spend the remainder of the summer with her and prepare her for the next school year. In august I met and started spending time with another female, my “wife” knew of this. In September my girlfriend I guess, became pregnant. She gave birth prematurely to twin girls in April 2017. The child belonging to my “wife” and I, as well as my twins have resided with me this entire time. At the time of separation and the resuming of my child’s schooling, my wife asked that she have weekend visitation, birthdays, holidays and half of summer vacation with our child. I agreed and everything was fine until… September 2017 I was served with court documents stating that she asked for emergency custody (claims of dangerous living situations and harmful emotional stress)… She was not granted emergency custody, my child has remained in the home with me and still going to her mothers on the weekends. The documents also stated she is asking for alimony… Could she get that since we were only married for 2 months? And we have been living separate and apart for 16 months now? She is also trying to get full custody of our child with no mediation. The mother does not have a vehicle nor her license. she lied and said she does not work, when in fact she has her own business as a photographer and she babysits. When she was living with me as I was a truck driver, my child missed excessive amounts of school because she failed to get up in the mornings to have the child ready and when she missed the bus, the mother could not take her to school due to not being able to drive. I helped her get her permit and kept insurance on her until august 2016, now in the court papers she is stating it is my obligation to help her obtain her license and pay for motor vehicle insurance on her. She is asking for a divorce from bed and board not an absolute divorce?.. And she is also asking for post separation support. I was told it is a law in NC that a child have their own room… While at her mothers house, my child sleeps in the bed with her mom and it is only a 2 bedroom house, even though i supplied my “wife” with a bed for my child.
I’m just confused about everything and wonder how she is doing all this based on lies. I want to ask what do you think the chances are that she would get the child? And what about the divorce from bed and board instead of absolute? Is she entitled to alimony? Separation support? And also the attorney fees she is asking me to pay for?
Please help. I cannot afford $5000 attorney fees for myself and want to know how hard this battle will be. I have proof of her asking for an annulment. I have proof my child has always lived with me. I have proof that the mother does have income. And she is doing this to be vengeful, not with the best interest of our child in mind.
It is not likely that you would be required to pay your wife postseparation support and alimony, although it is possible. The purpose of alimony is to help a dependent spouse live the same after separation as the accustomed standard of living during the marriage. For a 2 month marriage, it would be difficult to establish an accustomed standard of living.
Joint 50/50 custody is the “norm” for child custody schedules depending on the exact facts and circumstances of each case. You would need to present evidence to show that you are the more stable and supportive parent and that it is in the child’s best interest that he/she live with you rather than the mother.
Divorce from bed and board requires there to be fault grounds for it to be granted. However, even if granted, the spouse are not actually divorced. Check out our article What is a Divorce from Bed and Board? for more detailed information.
You can only be required to pay for your wife’s attorney’s fees if the judge orders you to do so. Sometimes attorney’s fees are awarded for a party who does not have the means to pay, and other times judges will not award reimbursement of attorney’s fees to either party.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
I have a question. I got divorced 7 years ago and my x husband was ordered to pay alimony. He has paid alimony with no problem since begin date until now. I have not received Alimony for October. Come to find out he sent it to my old address instead of my new address but he has been sending it to my new address all this time so i don’t know why he sent it to my old address but either way i have not received it. He says the money order came from Western Union. He told me that i need to knock on the door of my old address to see if the new people that live there has my mail. This i am NOT doing. I was told by him that he notified Western Union and he said it will take 60 days for him to get a refund. In the meantime, he has still missed October payment and is refusing to pay it until he gets refund back from Western Union. Is he allowed to do that? I’m thinking he’s suppose to send me a new money order and he can wait for the refund because he is ORDERED to pay alimony each month. If i wait, then i won’t receive Octobers Alimony until December. So to me, he’s skipping a payment. Also on our divorce decree it states that he was ordered to pay ALL marital bills…it’s been 7 years and he has not paid a bill yet but he has bought 3 new cars and a new house. What can i do about that?
You are correct about the alimony order: Your ex-husband is ordered to pay the alimony on time each month and in full. He is not allowed to skip months unless your court order allows for that. He could be held in contempt of court for violating the court order.
If your ex-husband has not done something that he was supposed to do in a court order (not paid alimony, not paid the marital bills), then you will need to file a contempt motion. This is called a motion and order to appear and show cause.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you!! I will be calling a Attorney to handle this today!!