I have been taking care of my 8 year old daughter with my ex since the baby was born in mass. I contributed about 20,000 the first year towards medical (C-section), diapers baby formula clothes etc.
From the second year on my ex was direct deposited 500 a month from my parents bank account.
This is on top of taking care of the baby almost every day and buying clothes/shoes etc
The 5th year is when we moved to nc, I picked up the baby from school almost every day, as well as took care of her most of the time and bought clothes/shoes and food.
Now my daughter is 8 and does not need me to pick her up from the bus (legally can stay home alone). I also started dating again and my ex found out and I think got mad. She is withholding visiting rights and told me to get a lawyer if I want to see a kid. This is all while the 500 a month is still going to her. My kid attends school in her school district
Monthly income for me is 9000, hers is 3000 , health insurance is about 300 and she does have another kid
I did a Calc if I tried for 50/50 , the child suppport would be 507 a month which means there’s not much to gain for her.
My problem is , can she claim I never paid her if we have direct deposit receipts into her account from my parents account ? Also how likely is it for a male to get 50/50 in my case ? We were never married but have been coparenting , I even moved down here from Massachusetts with her to be with my daughter
She cannot say that you’ve never contributed to the financial support of your child. You can easily prove with bank statements the monthly payment from your parents’ account and into her account.
Equal 50/50 custody is the norm in NC unless there are facts and circumstances that can sway the judge away from 50/50. This is very case-specific but general examples could be work/travel schedules, danger or safety issues with one parent, lack of involvement by one parent, distance between the parents’ residences, mental health concerns for either the child or the parents, etc.
Check out our article How Does Child Custody Work in North Carolina? for more detailed information.
Also take a look at our article What You Need to Know: Child Custody Determination and Modification (rosen.com).
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
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