Married 10 years prior to separation. Once separated husband voluntarily gave me 1,000/mo for he says alimony and child support (1 child). Before our separation for 1 year he was already in a serious relationship with another partner, as well as other “flings.” Nothing has been filed in court and we are now separated for 5 years. He now wants to stop all payments. I am working, but he makes 3x what I do. If he stops payments I’ll financially not be able to maintain monthly expenses. We have no child custody agreements and have been able to co parent good outside of court. We both share 50/50 and he carries health insurance for our minor child.
Am I out of luck with continued support? Him and his new partner have created quite a cushy life for themselves and great jobs. She has been living permanently with him for a year. I’m afraid if I dont get support I’ll have to pick up another job resulting in less time with my child, and he then files for full custody due to me being unavailable since he’s able to work from hand give “more support. And reliability”
I am single with no help, no other relationships. Did I make a huge mistake here?
You can file a court action against him for child support. If you are not already divorced, you can also include a claim for alimony.
It is never too late to seek child support as long as the child/ren are still minors. Child support will be calculated on your income and his income. The incomes of stepparents or significant others are not considered.
You may or may not still have a claim for alimony given the length of time that has passed since first separating. If you are already divorced and no alimony claim has been filed already, you will be unable to receive any alimony.
Having to work a second job or extra hours does not prevent you from having equal physical custody.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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