Silk, Sorry to hear that it has gotten o this point. Without recommending them, as I have never dealt with them, Rosen Law Firm does offer some online/downloadable info that can help you to begin this process. Certainly, if you are able to do more, the cost should be less. Caution, I am not a lawyer, nor do I play one on TV. Generally, child support is determined by a formula that (in a simple model) imputes the value of income of both parties, and looks at a chart that the legislature has determined. The chart will say that at "X" dollars of income for "Y" number of children, the total child support obligation is "N". Then, the courts determine, by financial affidavits that both parties file, the "spread". If you provide 40% of the household income, and the other party provides 60%, and there are no outstanding issues, presuming that you are awarded primary residential responsibility, then you would expect to receive 60% of the figure "N" Here's the math example: Your income =4000 dollars per yr, his equals 6 thousand. You have two children from this marriage. The state child support formula says that two children at that rate = 600 dollars per month in child support. If you have primary residential responsibility (both will have joint custody, one will usually maintain the home for the children) then you could expect to be awarded 60 % of the 600 dollars or an amount of 360 dollars per month. A few insights...Visitation and payment or nonpayment of child support are not offsetting. If your ex is behind on C/S, you cannot legally deny him visitation, nor for the sake of your children, should you, unless other factors may come into play. When you divorce, the child support and other issues are normally contained in a marital separation agreement, which is then incorporated into the divorce settlement. When the judge approves and signs the decree, the child support begins. I would recommend that child support be paid through the court system, and incorporating that into the MSA. That way, if your ex chooses to not pay, he is then in contempt of the courts order for child support, and can be prosecuted for the contempt issue. If the C/S is not paid through the court, the you have to bring action each and every time he fails to pay, which is a waste of time and money...better to have the threat of weekend orange jumpsuits and picking up litter, or restriction on a driver's license for anyone who fails to be responsible for a court agreement they signed. There are many attorneys available. Negotiate with them, and tell them what you have to pay, and can pay. Check to see if a legal aid society can assist you. Ask the attorneys if they would consider it pro bono, for a simple divorce. PM me if you have any questions. Good Luck!
Legal Aid of NC You may want to check out: http://www.legalaidnc.org/about_us/default.htm Legal Aid of North Carolina Raleigh Office Helpline: 1-866-219-5263 (toll-free) The legal staff of Legal Aid of NC - Raleigh Office provides legal assistance in civil matters to eligible, low-income clients who have problems with their basic needs and live in Wake County. Legal Aid of NC also operates a office in Smithfield, which receives support from the Raleigh office. Hope this helps!
im going through the same thing right now and i used Robert Pleasant on main st. he handled a case for my sister and is handling mine. i highly recommend him. later
I called them when I was going through my divorce and was told they don't do divorces, child custody, or child support.
From what I understand you don't have to "officially" have a separation through an attorney but be able to provide proof of a separation for a year. Some people never even go through the process of separation and divorce after a year apart. I am no expert myself but if I am not mistaken you can do that. It would be a lot cheaper then going through the separation process THEN divorce.
That is correct. You don't have to file anything with the courts to be seperated, although it is reccomended that if you own property, vehicles, etc together, that you fill out a seperation agreement. I found allot of helpful info on this site: http://www.rosen.com/separation/
In that case, if I were you, I would definetley seek an attorney so you can get the ball rolling on the child support and custody. Best of luck!
silkyrabbit, your STBX is a sorry sack of ____. Be sure to check out the Rosen Law Firm website, there is a very interesting section on there about Alienation of Affection. IIRC, NC is only one of three states where you can get monetary damages from the heifer that broke up your marriage. I hope he hooked up wth a rich girl. <evil grin>
hi silk - sorry about your situation. Be there. done that. I used the papers on the Rosen law firm site. I did my own custody and child support. I never had a lawyer - either time. Yes I am a two time divorcee. I may not be proud of it but it is what happened. You will get throught this and you will be OK. If you have questions I can probably steer you in the right direction. I wrote my own separation paper and then filed it is Johnstn County Courthouse. It is date stamped and then you have one year from that date to live apart and then you may file for divorce. If the separation papers state that you have lived apart from a different date that is ok too. It needs to be notorized. Both parties must sign it. If you and your ex are still speaking - at least in regard to getting a separation you should be ok. PM me if you have questions. you are not alone.
darn girl - you didn't rat him out yet????????? Take it from me suffering in silence doesn't work. I told everyone who stood still long enough what kind of cheating man my ex was... Why? Because it made me feel better. It takes a man to make things work. It take a cowardly dog to go elsewhere and a two bit whore to sleep with a married man. - not separated - MARRIED. (separated and living apart - then it is all cool in my book) Lawyers only recommmend child supports. A judge sets it. He doesn't have to like it. tough on him. It comes down to plain and simple mathematics. You and the lawyer can ask for anything but it is set on percentages. Your income and his. And all you need a statement if income. Go to your boss and ask for yours. Heck is you can get his - get it.
I've done as much research as the next guy, but I'm telling you, you need to at LEAST go have a consultation with a good attorney. When there are kids involved, you need the advice of an expert, and while the resources on the Rosen website are great (I've used them myself) they can't take the place of someone who does this everyday. Plus, as part of the divorce settlement, you can have your attorney request that he pay your attorney fees (he is the one that left and therefore made tou require legal help).
Exactly. You need to get a good lawyer, as soon as possible. Jennifer has suggested a local attorney with a good reputation, why don't you give him a call? "DIY" separation agreements are great if the parties agree, but I just don't see it in your case. Everyone on this board who is making comments, I'm sure, wants to help, and since you don't know me, my advice is no more reliable than anyone else's, but I do hope you will contact an attorney ASAP. Peace & Love, Pat
