I have a complicated situation. We have been married for 18 years, and we have 3 children (4yrs, 14yrs, 16yrs). He has a business and only his name is on all of our shared possessions (our house, the business/property (Italian restaurant), and he put everything under a corporation name. He himself is work for this corporation. He started the business in 2010 and bought the property, and incorporated in 2012. He changed the name of corporation in 2016, he created another corporation because he was in trouble with his 2013 taxes. In 2017, he put it in my name for 3 months because he was afraid of tax problems. He took 60% back in March 2017, and took the other 40% back in June 2017. I’m unsure of the specifics, because he tricked/forced me to sign without reading them or really understanding what was happening. He refinanced the house without me knowing in 2018. All of this stuff was legally under the supervision and advice of his lawyer.
I separated from him August 26th, 2019 because of domestic violence (we have police reports - me and my sons). Currently, I am living in my own apartment. I did not stay at the house, because the apartment was closer to my job and it was an easier way to get away from him. What are my rights? He gives me $150 per child per month on the advice of his lawyer. He told me that even if I took him to court, that would be the maximum he would ever be asked to give me at all. None of our possessions or business is legally in my name.
Can I or my children expect to get any more than $150 per month per child? What is my alimony or do I have the right to ask for alimony? Now I am the one who works the most, and I’m struggling to make ends meet. He tells me that he can’t do anything else for me, because he says “that’s the best I can do”.
Thank you for your help and support!
All of your assets, including the business, are marital property as long as they were acquired during the marriage (between the date of marriage and date of separation) and not by inheritance to your husband. Title of assets, so long as they were acquired during the marriage, is irrelevant. Marital property is subject to being divided 50/50 and you are entitled to 50% of the value of each marital asset.
Without knowing the financial details in your situation, $150 per child for child support sounds extremely low. Check out our Child Support Calculator to see what child support should be. Your husband’s self-employed income is determined by gross receipts minus necessary and ordinary expenses needed to run the business. This is not necessarily the same as gross income on tax returns for the business.
You are entitled to alimony if your husband was the supporting spouse during the marriage and you were the dependent spouse during the marriage (you were actually and substantially financially dependent on his income and financial support). Check out our Alimony Calculator to see what alimony could look like in your situation but remember, there is no formula or worksheet for alimony in NC like we have for child support.
For more detailed information on alimony, take a look at our article Will You Owe Your Spouse Alimony After a Divorce?
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.
But since he buy these assets, he put them under an corporation that has 70 shares. And he put himself working as an employee In that corporation. Last year he sold some of these shares to his brother in law. I have a copy I’ll send it to you lather cause I’m at work now. and he told me that everything he did was by the law cause he pay his lawyer thousand of dollars in order for him to fix everything legally. Also he refinance the house. Now I’m working full time in a day care and taking care of the rent and the bills and the kids and everything. And he is making himself making less money than me. One day he told me that even if I take him to the court I will get the $150 what he is sending to me each month for each child.
Without knowing the full financial details of the marriage, $150 sounds very low for child support.
If the business was started or acquired during the marriage, then the business is marital property subject to being divided in equitable distribution. If he sold the business during the marriage, then the profits from the sale would be considered marital property.
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.