Spousal support


#1

Dear elsevier:

Greetings. 1. You will use your income as of the date of calculating the child support and spousal support, not a past date.

  1. Stop letting her go over there. Force him to have limited visitation and possibly to take the action to court if you don’t want him to see the child. Be careful that you have evidence to back up the fact that he is an alcoholic. By the way, since when is an active alcoholic not a physical danger to themselves and their children?

  2. Yes, generally.

Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

I will be seeing an attorney next week but in the meantime I have 3 questions.

  1. My ex’s income was about $100,000 in 2004 while mine was $42,000. This year he will make only $86,000 while my income will increase to $52,000 (I have gone to work full time due to the separation). In order to calculate potential spousal support and child support will the date of separation be used or some other date? We have been married over 20 years and I worked all of those years but not full time in order to care for the children. We have one dependent daughter, aged 14. He has refused to pay spousal support.

When he moved out, he moved in with his girlfriend who has since lost two jobs and been admitted to the psych ward because of a drug overdose. He is an alcoholic. We have no signed agreement yet but my teenage year old daughter lives with him one week a month.

  1. What are my options in terms of limiting my daughter’s exposure to the girlfriend? I was told that unless there was physical danger, there is not much I can do. We have verbally agreed on joint physical custody but I am not sure that is in her best interests.

  2. Since the girlfriend apparently has no money, suing for alienation of affection seems useless. Does the adultery help in negotiating spousal support?

Thanks for your advice.