Legal Question in Family Law in North Carolina
Hello! My wife of (9) years has told me she wants to separate. We have three children together, none over the age of (5). She has rented an apartment and has just started living there. The children have yet to stay there, but she has bought them beds. I have been very nice to her considering the circumstances, even helping her move, because I still love her and want to reconcile at some point. I have never hit her, I have never drank alcohol or done any drugs, and neither has she. I have no reason to believe there is another man involved. I have sought counceling from both our pastor as well as a psycologist, and she visited the psycologist mainly because she felt obligated to keep the appointment. I am deeply concerned for the safety and well-being of the kids. Can I keep her from taking the kids out of the house? Would she be required to pay half of the day care expenses? Since her name is on the house with me, is she required to pay half of the house payment? Thank you so much!
1 Answer from Attorneys
Absent a custody, both of you have the right to custody of your child. The only way to prevent her is to get a custody order. The question for the court is what will be in the children's best interests assuming that both parents are fit? As the children are small, it may be hard for a judge to give you primary physical custody of the children. Daycare expenses are factored into the child support obligation. You do not indicate if the wife works or not. If she stays at home, why not let her watch the children during the day and eliminate this expense?
Concerning half the house payment, it will have to be decided what is done with it. You now have 2 households to support. Can you afford it on your own? Then buy out your wife's share of the equity and refinance in your name. If you cannot afford the housee without her help, then you both seriously need to consider selling the house. Whichever spouse makes the payments after separation should get credit for this in equitable distribution.
You and your wife need a separation agreement. You both need your own attorneys, even if you can reach an agreement on matters.
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