Legal Question in Family Law in North Carolina

Allimony/Child Support issue.

hello! I did not know if you could provide me a brief answer to a question I have. A friend of mine, a female, is in a terrible marriage. Her husband pays her no attention most of the time, as well as their two children, and has been physically abusive both to her and their 4 year old daughter, though it is not documented. He is a free spender and has put them in a substantial debt by buying tvs, cars, scooters, dvd players... you name it, and without her consent 90% of the time. He recently left his job after one spat with his boss even though they had agreed that he would work while she finished nursing school since she worked while he was in school even though he dropped out. Now she has to work and finish nursing school to provide for the family. She wants to leave him. She would take custody of the children and ask for no child support from him as a favor to him in hopes of an easy clean divorce/seperation. Can he still get allimony from her if she asks for no child support? She has slept out of wedlock with one man though there was no ''inclination'' but just the opportunity. She confessed to him, he said he forgave her but now throws it back in her face all the time. She is scared to leave him because of allimony


Asked on 3/11/09, 8:06 pm

1 Answer from Attorneys
Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Allimony/Child Support issue.

In this scenario, he would have to prove that he is the dependent spouse and she the supporting spouse. Her adultery could be evidence against her but his fault could also be a defense (recrimination) for her.

Also, the domestic violence is a real concern. If she successfully prosecuted a Chapter 50B Domestic Violence action against him, that could affect her family law case.

I think she needs to talk to volunteers at the domestic violence shelter and see an attorney ASAP.

Finally, she should get as much child support as possible to help support the kids. That is her duty as the children's custodian. Waiving it suggests she is not acting in the children's best interests.

Information posted for educational purposes only. NO attorney-client relationship created.

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Answered on 3/11/09, 8:48 pm


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