Need help for my aunt


#1

Yes to the first and I think this is for life, and no to the second BUT the 17yrs old yes he has to until she is 18yrs then he is done but there is CS that he has to pay until then
Hope the best for you and your aunt


#2

She can file for divorce from bed & board. She is entitled to alimony unless it can be proven that she has had an affair also.
Parents are not required to pay for schooling after high school. He would be responsible for child support until the 17 year old turns 18 or graduates high school whichever is last. She could have something in an agreement about him paying for college but that would be entirely up to him whether or not he signs it.
As far as the money of her own…she is entitled to 1/2 the money in checking, savings, retirement funds as these are considered marital assets, as well as alimony.


#3

If your aunt is the spouse that makes less money and your uncle earns an income then your aunt will be entitled to alimony. The only bar to alimony would be if your aunt had engaged in a sexual relationship outside the relationship.

She could probably file for a divorce from bed and board, however without all of the facts, I cannot tell you if it would be in her best interests to do so.

The court cannot order him to pay college expenses, but if they can negotiate for this.

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

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

ROSEN.COM

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.


#4

My aunt and uncle have been married for over 20 years. Last week, my uncle was arrested for soliciting sex from a male prostitute. My aunt has been a stay at home mother for 20 years to raise their two daughters. Can she file for Bed and Board divorce? Will she be entitled to alimony?

My other question is about their children - one is 20 yo and the other is 17 yo - can she request that he be responsible for their college tuition/child support until they graduate? She has not worked for several years and has little money of her own.

Thanks,
Michele