Wife left

so my wife left me on 5/16/20202. I had been served with papers for child support on the two kids that were living with me on 4/28/2020. My wife also has been living with me since 2016. After we had our first son in 2016 she filed for Food stamps and Medicaid. She did this behind my back and i had no idea. Well i end up finding out and didn’t ask her how she got them. come to find out she was and had been lying since 2016 and saying she was living with her mother. when she left on the 16th she held the kids hostage and would not let me see them until there was a custody agreement. well i typed one up and it got signed off by a Judge. I have the kids every other week from Sunday to Sunday. So now i go to court for the 3rd time on September 3rd.

What i want to ask is should i report her fraud to social services?
Does the state even care about this? My lawyer that i fired and and the new one that i’m about to fire said they are not pursuing any back pay. Which seemed odd to all of us. I had told my wife she better make that right cause we had been together the whole time and i took care of the kids. Is she in trouble already?

Why would she hire a lawyer for the child support case when the state is going to represent her anyways?

She will not talk to me about anything. The separation or divorce. What do i do? All lawyers cost for a consultation and i never feel reassured or like they are telling me everything i need to know. Like they are trying to get every dime out of me they can.

How do i trust a lawyer?

You can report your wife for fraud but it may be best to do so after all court issues with her are resolved. You can also cross examine her about these issues during a child support trial.

She may have a good reason for not requesting back child support from you, but regardless, this is one less legal issue you’ll have to fight.

She is entitled to hire separate counsel if she wishes, just as you are entitled to hire any counsel of your choosing.

If your wife will not talk to you about anything involving the divorce, then you’ll either need to file in court and schedule court hearings for all issues or hire a lawyer who will usually have more success in communication if she also has a lawyer.

Lawyers cannot give you a guarantee on how your case will end, but they can give you an idea of how things could progress. It is important to find a lawyer that you feel comfortable with and one that can give you a clear understanding of the law and what the possible outcomes could be for your case.


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.

So if i want to hire an attorney. When would it be the most beneficial to me? Should I hire them in advance of the actual time i can file for divorce? Being she left on 5/16/2020 means her or I will have to wait till 5/16/2021 of next year before we could file? Correct? I don’t want to sign up for the 199/month right now if i don’t need to yet.

But i need a strong communication tie with my lawyer. I need an aggressive approach and vigilant in execution. i find myself doing most of the work and the lawyer telling me what they need. then i’m in the dark. Retaining a lawyer is not cheap and you never know what your getting cause that initial meeting isn’t always who turns up come crunch time.

If you have any unresolved issues other than the absolute divorce, for instance child custody, child support, alimony/postseparation support, and/or equitable distribution, then it would be wise to hire a lawyer now (or use the Rosen Online program for $199/mo. in lieu of hiring a lawyer) and attempt to resolve those issues now, before the absolute divorce.

If your only unresolved issue is the absolute divorce after one-year’s separation, then you would not need to hire a lawyer until it gets closer to the one year mark.


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.