I may need to file my self with out guidance from a lawyer. My husband and I have 2 children and I am the primary care giver. He requested 50% custody but only sees the kids maybe once a month for a day. How might this affect child support in the future and after divorce is final.
My real confusion is that I am unsure what papers I need to obtain first to start the process. It’s all very confusing. I can legally file November 23 2018 and I would like to have everything ready to file first thing that day.
Where do I begin?
Thanks.
Child support is based on the amount of overnights that each parent has the children. Worksheet A is used when one parent has the children for at least 243 overnights a year. Worksheet B is used when both parents have at least 123 overnights a year. So if your husband is only having the children once a month for a day, your case will fall under Worksheet A for primary custody.
To see what child support might look like in your situation, and to see what it might look like in a joint custody arrangement (where Worksheet B would apply), check out our Child Support Calculator.
To file for absolute divorce, child custody, child support, equitable distribution, alimony, etc., you have to file a complaint at your county’s clerk’s office. Our Do It Yourself Divorce Guide will walk you through the process and show you which forms you need to file. Note that you can include other claims (like child custody and child support for example) in the same complaint as the absolute divorce so you will only have to pay one filing fee.
For a guide to use for drafting a complaint for other claims, take a look at our Sample Court Complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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