Legal Question in Family Law in North Carolina

NC Infidelity - My husband and I have two children together. We do not currently live together but are not legally separated. As of right now, we are still together and continuing our relationship. He may possibly have another child on the way. The female that he cheated with is pregnant, but admits to sleeping with another male. She says that she is sure that it is my husband's child though. He and I have already agreed that he will get a paternity test once she has her baby just to be certain. If this is his child, will my income be included when calculating child support? If I were to file for child support for my two children would that affect payments for this new child? I want what's best for all the children, but of course I have to look out for my children first.


Asked on 6/29/15, 1:57 pm

1 Answer from Attorneys

There is no such thing as 'legally separated' - in NC you are simply separated or you are not. All that is required is that you not be living together and at least one of you has the intention not to resume the marital relationship. So in NC it is possible to be as 'legally' separated as you ever will be and you not even know it. That said as to the child support issues, your income will not likely factor into his child support requirement for the other child however, it is likely that you filing for child support would affect the other child support in some fashion. In NC child support is determined solely by income according to set guidelines. So you would have to know the other woman's income to accurately run the figures.

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Answered on 6/30/15, 9:33 am


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