Post Separation Support 2

You can file for alimony. This would be considered as marital misconduct but it could also be a positive for you if it’s not a valid claim. If it’s found during the hearing for this that your stbx fabricated this charge to refuse you alimony or to gain ED, custody…it could go very well. The judge looks at the marital misconduct and decides alimony from that…
Regardless, you are entitled to time with your children, 1/2 the equity in the home, cars, horses…basically 1/2 the marital assets are yours. If you have not settled custody then should run the calculator with the current figures. While I commend you for paying child support, you may be paying more than you should if her income is that much more and you could be setting a precedent for future payments.

well, I never went 2 the hearing. I thought she was kidding about it. the judge ruled in her favor and along with that she also won a motion for termination of visitation and contact with the kids. here I am 5 months later, a bit wiser and also kicking myself for not going. child support is not that bad. but I wih I did things a little diff. never thought that I would ever be in this mess. she promised me, till death do us part.

Yes, you can still file for post separation support. The court will consider any allegations of domestic violence when making a support award.

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.

i have a bogus Domestic Violence Protective Order against me ordered by my wife, can i still file for post separation support, despite having this strike against me? would that count as marital misconduct? she also has the kids, makes 4 times as much as i do, has the house, the horse, the cars and the white picket fence to boot…plus i pay child support. i live out of a couch, would it be pointless to file?