Not happy with current divorce/separation attorney


#1

I’m not happy with the advice my current attorney is providing in generating a separation agreement. I feel the attorney is just going through the motions and not looking out for my best interest. I feel the child support and alimony numbers my ex is asking for are way too high. When using the online calculators, the numbers are a lot lower than what my ex is wanting yet my attorney says “that is very fair” when I ask about the numbers. I have almost exhausted all money living separated and paying both home mortgage and apartment costs and supporting the ex and two children. I don’t feel I can afford a new attorney although I feel the need to get better representation. We both work but I make 1/3 more than my ex and she is wanting $2000 child support and $500 alimony per month which I find rediculous.


#2

Unless you and your wife make a combined monthly gross income of $30,000/month, then your child support obligation will fall within the NC Child Support Guidelines. Generally there isn’t much negotiation as to the monthly child support obligation assuming that all numbers are correct in the worksheet. Ask for a copy of your wife’s proposed child support worksheet and make sure you agree with the numbers (i.e. monthly gross income for each spouse, the amount of insurance one spouse is paying for the children’s portion, number of overnights, etc.).

If you haven’t already, try out our Child Support Calculator for your Guideline child support obligation.

For alimony, there is no formula in NC. Instead, take a look at your monthly gross income, subtract out reasonable taxes, child support, and reasonable insurance premiums, and see what you have left over. You are entitled to have at least enough funds to cover your reasonable living expenses while also paying alimony.


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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