My soon to be ex and I made an oral agreement as to support while we were preparing to file divorce papers. Now that he is living with his girlfriend and has a job where he earns less, he no longer wants to pay what we agreed. I know it was foolish not to get everything in writing from the start. How do I file for temporary support for myself and temporary child support until we get the paperwork drawn up? We can’t pay our rent or for food right now.
You will need to file a court action against him for postseparation support and child support (including temporary child support). You may want to file for alimony, child custody, and equitable distribution as well.
You can use our Sample Complaint as a guide to draft your own.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
How quickly after I file could we expect to get in front of a judge in Mecklenburg county?
It usually takes at least 6-8 weeks before a court date but this varies depending on local rules. I am not familiar with the local rules of Mecklenburg County.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.