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Does the child support differ from separation and divorce. I…

Hello, does the child...

Hello, does the child support differ from separation and divorce. I live in North Carolina where a one year separation is required before a divorce. Also we are a military family.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

No, nothing has been filed or reported.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that was my only question. Thank you.

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Answered in 30 minutes by:
7/17/2017
Michael Gonzalez
Category: Family Law
Satisfied Customers: 608
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.A decree of divorce from bed and board
(ie judicial separation) does not affect a spouse’s support rights and obligations: if a court imposed certain rights and obligations during the marriage, they remain intact (North Carolina General Statute § 50-13.5). Similarly, a decree of divorce from bed and board does not affect a spouse’s rights to custody of his or her children.During this proceeding, you can add an action seeking child support or child custody to these divorce actions (North Carolina General Statutes §§ 50-13.5(b), 50-13.5(f)).
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Customer reply replied 11 months ago
If one spouses is the main source of income paying for major living cost mortgage, car payments, kids schooling for preschool and elemantry. Will that still be paid through our joint account in a separation. If this is a mutual agreement and agreeing on a mutual separation with no fighting does a separation have to be done in court with a legal team or only signed by a judge?
A legal team is not necessary.Rather, these items would be spelled out in a Marital Settlement Agreement (MSA). The action would be jointly filed and the MSA presented to the Judge to be finalized.However, I would recommend retaining a local family attorney to prepare the MSA. Either way, this would almost always be much more inexpensive than fighting over these issues.Good luck.
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Customer reply replied 11 months ago
Ok thank you for your response. If the children have lived in this home since birth or one years old. I the mother am the day to day care taker. Will the kids be able to stay in the home with me full time to resume normal life to stay in the same schools and be in they're normal. Not having to move or have two homes.
Customer reply replied 11 months ago
Dad is a great father. We would still like for him to have a relationship with children but Mom stay in the house with the children. Would the children still resume a normal life with Mom full time in they're home. Or would they have to have two full time homes. Split by each parent.
The MSA will spell this out. In general, Courts make decisions in the "best interests of the children" which usually includes keeping them in the marital home.
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The MSA is whatever you agree to be including primary home and dad's time with children.
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Customer reply replied 11 months ago
Ok thank you for your help
You are welcome. Please do not forget to rate me 5 stars so I may be credited for assisting you today. Rating me costs you nothing.Thanks in advance.
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Customer reply replied 11 months ago
Since in North Carolina a separation is required for one year before a final divorce. If we can agree on stipulations for the one year regarding children, and finances. Can we draft our own agreement and have it signed by a judge. If it does need to be signed by a judge. Do we both need a lawyer for that or can we just make a hearing date and we both go.
As I indicated above, you can but it is not advisable. Your agreement may not be comprehensive enough while an a local family law attorney would be in a better position to address issues that you may not have even thought about.
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Customer reply replied 11 months ago
Ok thank you

You are welcome.

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Customer reply replied 11 months ago
I have one more question that came to mind. My husband is in the military and will be getting a new temporary duty assignment for 3 years. This assignment is recruiting. So he could get assigned to any state in the country. Normally we would move with him. If we are getting separated are we allowed to stay in our current state with my children while he moves to a new assignment.

This is the beauty of the MSA. If he agrees to such an arrangement EVEN in the event of a deployment to another state, then you may stay in your current home. If it is contested, then the Court will decide for you.

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Customer reply replied 11 months ago
Ok I see. Thank you. I am not looking to up and move back to my home state and take the kids away. I just would like to stay in our current home and resume a some what normal life. Of course with his job every 3 years there is a new duty change. I don't plan on continuing to move around if we separate and divorce. I would make sure the kids see him very often. It sounds like a MSA will be best for us.

I think so too. I cannot stress more the importance of retaining counsel to draft a good MSA that can be flexible enough to address future contingency issues like your husband's future deployment for instance.

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Customer reply replied 11 months ago
When you say "retaining counsel", does that mean we need to hire an attorney to draft the MSA and make sure everything is done properly. Do we need to have different attorneys or can we go together and sit down and do this with one attorney?

Again, I am just recommending that you hire an attorney to draft the MSA. Ideally, you would both have attorneys as there will be certain give and take in the agreement but, given the facts you provided, one attorney can prepare the document.

Michael Gonzalez
Category: Family Law
Satisfied Customers: 608
Experience: Managing Member at EWF Title, LLC
Verified
Michael Gonzalez and 87 other Family Law Specialists are ready to help you
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Customer reply replied 11 months ago
Ok that makes sense. Thank you.

You are welcome.

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