Spousal Support


#1

Dear NCMom:

Greetings. How long have you and the child(ren) lived in North Carolina? Who did you learn about the personal jurisdiction problem from?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

My son and I have lived in NC for 3 ? years. I initially found out about personal jurisdiction from the Child Support Enforcement Agency.

I later found out from an attorney that this is because my spouse has no ties to NC. We were married in Virginia, our child was born in VA, and we have never lived in North Carolina as a married couple. In addition, he will not consent to jurisdiction nor agree to accept service of process. He lives in CA but his military home of record is TX - only to avoid paying state taxes - he has never resided there.

If I understand correctly


#3

Dear NCMom:

Greetings. Since you and the child live here, and have lived in NC for at least 6 months, you can file for child custody and child support here.

Now, you may want to sit down with an attorney and go over the claims of equitable distribution, alimony, etc. or just file for that in the state where he lives. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

Can a North Carolina court order post-separation support if the court does not have personal jurisdiction over a spouse? Can this be handled outside a divorce or separation agreement? If yes, how?

I found out that NC did not have personal jurisdiction over my spouse when I attempted to have an order for child support established. My spouse is a military member stationed in California.

As things stand, I am 3 months into attempting to establish a child support order (in CA through child support enforcement),I do not have legal custody of our child