Legal Question in Family Law in North Carolina

Both parents have an absolute duty to support their children. That said, you can either work things out between the two of you in a written agreement OR you can contact child support enforcement and get an order set up.

I don't understand about her "threats" to go on welfare. The welfare authorities are going to require her to get a child support order.

The child support guidelines for NC are online and free of charge. Child support is based on the number of overnights that the child has with each parent. If 123 or less, use worksheet A; If each parent has at least 123 overnights use worksheet B. I don't know if the mother works or if the children are over age 3. If so, the mother will be assigned an earning capacity.

What I would do is figure out if you are paying at least as much as the guidelines amount in child support. If not, you might want to have a private agreement with her. If you are paying more than the amount, then I would consider setting up an order through child support enforcement. She can go to welfare or not but at least you will be paying support.

As for legal separation, if you are living in a separate household, you are legally separated. You don't need to file anything.