Legal Question in Family Law in North Carolina

Re: financial obligation during separation

"That Depends...."

The facts are very important. You and your wife have a financial duty to support the minor child. You can run a child support calculation using the North Carolina Child Support Guidelines from our website at http://www.ricefamilylaw.com/topics/childsupport.htm . If you answer the questions correctly and use the correct Worksheet, you should get the correct answer as to your support obligations to the minor child. Pro Se litigants, individuals who represent themselves without an attorney, sometimes answer the questions wrong and get an incorrect result. However, one may also deviate from the guidelines under certain circumstances. Again, the facts really matter!

As for spousal support -- that is an even more difficult inquiry. It depends on whether you are the supporting spouse, whether your wife is the dependent spouse, the standard of living, etc. I can't answer that without more facts. We provide a virtual law office via our website at www.ricefamilylaw.com. If you like, you can register and ask the question and perhaps we can help you.

If the house is in both your names, paying the mortgage will allow you to protect the asset until you can deal with the issue of equitable distribution (property division). A portion of these payments may also be counted as spousal support. Again, it depends on the facts!

Finally, under the doctrine of necessaries, if you are providing your wife with health insurance, you will need to continue to do so until you are divorced or until a Court enters a Court Order to the contrary.

Best wishes,