What to do next?


#1

Husband and I decided its time to separate. We want to do this as peacefully as possible. I will be the one moving out of the house for our year of separation as required by NC law, before filing for the divorce. My question is…what do I do next as far as filing for child support and possibly alimony? I do not want this to be something we just come up with because I know he is going to try to pay me as little as he possibly can. I want it to be what a judge basis it on his income. I think thats only fair. If Im eligible for it, will I get alimony during the separation or just the child support? I know NC doesnt have a “legal separation” so where do I go to file for these things so I will get them during the separation? Thanks for any info!


#2

In order to protect your rights you should file an action for child custody right away. You also should immediately file a claim for post-separation support (which is temporary alimony to help out during the seperation to be awarded until such time as permanent alimony is heard). The court will set a temporary hearing to set a custodial schedule ensuring you have time with your child. It is important that you have proper representation from the beginning. More and more fathers are being awarded joint custody, but every case is different, and the court must consider each case in its own light.

There is a child support calculator on this website. You can use the information you list in your post to estimate child support. There is no similar calculator of post-separation support. It is based on the income and expenses of the two parties, but can vary in amount.