Once the divorce is final you lose the ability to file for support. You cannot bring a claim after the divorce is finalized, unless you had one existing before the divorce judgment was entered.
The social security benefits for the children should go to the parent who has the responsibility for caring for the children, unless that amount has been calculated into the figure used to determine your child support amount. If the children live with you primarily than you can file an action for child support and seek child support from her.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Thnak you Helena for your reply. Question: “Please explain for me a claim for spousal support before the divorce decree”. You mean stated in a legal separation agreement?
If you have a separation agreement that deals with alimony or post separation support you can enforce the terms of the Agreement. If you do not have an agreement or a lawsuit pending for support, you lose the right to assert those claims after the divorce.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
#1 - I am on social security disability, my ex-wife has had the benefits I recieve for my for the children (2 boys) on my behalf now deposited into her bank account and I need to file a motion with the court. Is there a particular child support form?
#2 - My attorney has been let go and I am also officially divorced. My ex-wife has already re-married. Can I file for post-spousal support? I only receive social security and was the homemaker in the family the last 7 years of marriage. Also is there a motion form and is this considered a change of factors?