Need clarification and statute, if applicable

North Carolina Divorce Law Divorce and Separation Answers
1

Alimony is based primarily on the financial issues. While alimony can be impacted by adultery, at the end of the day, the judge will make a decision based on the income and expenses of either party. The issue of adultery is often used by a judge to decide specific issues in the case. The fact that the judge did not hear your evidence does not mean that things would necessarily be different if you had been able to present that evidence.

The judge has the ability to allocate the payment of medical and counseling expenses however they see fit.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

Is there something written that counseling and psychiatric services for a child should be apportioned to the parents based on a pro-rata share of income? I am representing myself and it seems that I read that SOMEWHERE! However, even though my income is 18% of the ex’s income, I was Ordered to pay 50% of these costs! Please correct me if I am wrong. I was also ordered to pay 50% of all uninsured medical, but I thought that was based on a pro-rata share also or that there was some kind of cap…around 250.00 or so. What IS the law on that? Wasn’t there a case? Mackins vs. Mackins that addressed these issues? Or, does the judge just have the discretion to order whatever he wants to, fair or not? And Ms. Nevicosi, I have NO answer or explanation as to WHY the judge refused to hear evidence of adultery in my case. Was told the judge was aware of the allegations, but was only going to focus on the financial issues. And I got screwed although the ex screwed around even with an admittance!