Lots of Stuff

Dear whome30:

Greetings. Let’s see if I cannot help you and answer your questions:

  1. Divorce does not depend on who you live with, etc. Only alimony is affected by cohabitation.

  2. Have the child support enforcement agency go after him. The court can actually order your STB-ex-husband to look for jobs on a weekly basis and report back to the court.

  3. The court can force supervised visitation.

Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

In February of 2004 My husband moved out of our apartment in Upstate NY. We have 2 children together and after he moved out he took some items from the house and never provided any support. Since the rent was not paid in the apartment I was to be evicted on May 1st of 2004.

My husband would not provide any support and with 2 kids I was unable to obtain employment in the area. I discussed this with him and told him I may have to move (he signed a form acknowledging this). I moved to NC to live with the sister of a friend. My friend was loaning me money and paying for my portion of the rent since my STBexhusband was not providing money. I obtained employment and worked for a while but could not make enough money to offset child care expenses. My friend agreed to pay for my room and board in exchange for watching his 2 children for whom he has sole custody. In November of 2004 my roomate informed me that I would have to move out and I moved in with my (now) boyfriend. He provided room and board for both of my kids and pays for my car and so on.

I am now filing for divorce (in NC) - my STBex Husband has moved around a bit and I have a few questions.

  1. What problems does it cause for me to be living with a man. We will probably get married after the divorce is final and he has done nothing but try to help me. We were not involved with each other prior to my STB-ex husband moving out of the residence in NY.
  2. Since my STBex Husband quit his job and took a bunch of other jobs (some under the table), what chance do i have or what can I do to get adequate support for the kids. He has provided a total of 200 dollars over the past year.
  3. My STBex husband was once again hospitalized for being suicidal (he has been diagnosed with Personality Disorder and Bi-Polar) and I am concerned he may hurt the kids - can I force supervised visitation.

I know it is a mess and beleive me it all has me confused but I would appreciate any help or advice anyone can provide.