Legal Question in Family Law in North Carolina

my husband and i have been seperated for 2 yrs. My 15 yr old just recently made the decision to live with him, I have the 10 yr old and all the bills. He has a free place to live and no bills other than a car payment and insurance. What are my chances of getting child support for the 10 yr old since we each have a child living with us?


Asked on 2/27/13, 8:02 am

1 Answer from Attorneys

Child support is not based on the father's having a free place to live. It is based on the combined gross monthly income of the parents.

Since you each have a child to support you would each owe child support to the other parent. What that would be is unclear.

The child support guidelines and worksheets are at www.ncchildsupport.com. These are free.

I would read the guidelines and click on the link for worksheet c - shared custody. Plug in all of the information and the calculator will tell you what the child support would be. You can also see how much child support the father would be able to claim for the child in his custody and then compare and see if its worth it to pursue.

As far as you being stuck with "all the bills" what bill are marital? Have you entered into an action to equitably divide your marital debt? Why is your husband not paying for some of this? What assets are there? What about any alimony or post-separation spousal support? Is any marital misconduct an issue?

Don't answer these questions to me - you need to think about them though and go and see a family law attorney in your area about moving forward with divorce and equitable distribution and any post-separation spousal support/alimony. You can also mention the issue with the shared custody but I would focus on the divorce/equitable distribution as a way of getting some debts assigned to your husband. Unless there is a real disparity in incomes if you earn about the same then the child support might be a wash in the sense of neither of you will owe anything to each other.

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Answered on 2/27/13, 4:24 pm


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