Separation & 50/50


#1

I want to leave my husband but not sure if I need to file a separation papers. I am afraid he will try to file abandonment papers or alimony papers on me. He is currently not working and therefor depends on me. Everything is in his name & he has made me pay for everything because he is too lazy to find work since late last year. He is verbally abusive and we just don’t get along about anything anymore, which is why I am unhappy & want to leave. We also have a child. He told me if I leave, I cannot take our child with me. To me, that was a threat. I’m afraid of what will happen if I try to leave with our child. I am planning on staying in the state, so I don’t think he can have me up for kidnapping. I pay for all of our child’s expenses, so that’s why I feel I should bring her with me. Can I leave and take her & our belongings? Do I have to have papers first? Can he file for abandonment or alimony? I don’t have any extra money for a lawyer. Please help.


#2

Separation papers are not filed in NC. Separation is the mere act of living separate and apart.

Your spouse may have an alimony claim, and may allege abandonment (though the claim has little, if any effect). His refusal to work will be a basis for the court to impute income to him thereby reducing his need for support from you.

You can take your child with you when you move, so long as you do not flee the state in an effort to avoid the court’s jurisdiction.