Temp. Child Support


#1

My wife and I have been separated several months. She filed for custody and we had an informal agreement between our attorneys that I would continue to pay all household expenses (she lives there with our two children) AND give her cash every other week for other expenses. This amounts to about 80% of my salary. I am living with a relative and can barely make ends meet.

We dismissed our custody claims a while back and attempted to reconcile, which failed; my wife then began dating a “friend” of mine who I discovered had secretly been paying all her legal costs. I have no more money for an attorney. I also suspect her “friend” is paying for other things for her as well.

Based on NC child support calculators, the maximum I would have to pay every month would not exceed $1700. Right now, including mortgage, health insurance, credit card bills, equity line, utilities, and extra cash for “food and gas” my wife gets more than $3,000 every month. And she is demanding more while she tells all of our friends and neighbors that my children don’t have enough to eat.

I know my marriage is over, I will have to file for custody, etc. My question is should I simply stop paying her cash (transferred to her bank account) every other week? I’m afraid I’m setting a precedent. Can she legally get this much money from me every month? She has threatened to block access to my children, get a restraining order against me, etc.


#2

Your wife will be entitled to child support, and depending on the facts of your case, spousal support. You will not be expected to pay an amount of support which renders you unable to live on your own. I suggest you file a custody action, and continue to pay the mortgage and utilities (to protect your credit) plus an additional amount that would add up to the total amount of child support you have calculated.

For instance, if the mortgage and necessary utilities totals $1,500 and the amount of support you are estimating is $1700, I would suggest paying the household bills and an additional $200.00


#3

For instance, if the mortgage and necessary utilities totals $1,500 and the amount of support you are estimating is $1700, I would suggest paying the household bills and an additional $200.00

The mortgage and utilities total about $2,000 per month. I pay her an extra $800 per month. After buying gasoline for my daily commute, I live on about $2 per day.


#4

Then I suggest you pay the mortgage and utilities for now and move forward with a custody and support action.