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I'm going thru a divorce, have been separated for 5 months.

Customer Question
I'm going thru a...

I'm going thru a divorce, have been separated for 5 months. We have a 2 year old child. I moved out of the marital home and have been paying the mortgage, property taxes, insurance, utilities, and bills for the home. Wife is requesting alimony, child support, and post separation support. How likely is it that I will have to pay her all of those items?

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I filed for joint custody. My wife filed a couterclaim for child support, post separation support, alimony, and for equitable distribution in favor of her getting a larger portion

Lawyer's Assistant: Family law varies by state. What state are you in?

NC

Submitted: 3 months ago.Category: Family Law
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Answered in 2 hours by:
3/28/2018
Family Lawyer: FamilyAnswer, Lawyer replied 3 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,379
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 3 months ago

Good morning. Is she employed? How long were you married for?

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Customer reply replied 3 months ago
She does contracting work from home and is reporting income of $1000 per month with a shortfall of $2300 per month. We have been married for 2 years at the date of separation
Family Lawyer: FamilyAnswer, Lawyer replied 3 months ago

Thank you and please allow me a moment to respond.

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Family Lawyer: FamilyAnswer, Lawyer replied 3 months ago

Child support will need to be paid, unless you have full custody of the child, with her having visitation. Even if custody is shared ( 50-50), you may still have to pay child support, if your earnings are that much great than hers. As far as alimony, that also can be ordered, if she works part time and does contracting work BUT the amount of time, is not likely to excee the length of the marriage, so this is somethin which may be short. The goal would be to pay it, so she has time to obtain full employment and work or do what is needed, so she can supprt herself. During the time of the divorce, you could also be ordered to pay temporary support but if you are doing this and giving her a place to stay ( the martial home for now), a Judge may order some additional support to be paid, for the child and cost of living, for herself. Moreover, there would need to be a reason, for her to receive a greater share of the martial assets. If she wants a larger portion, she needs to show why.

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Family Lawyer: FamilyAnswer, Lawyer replied 3 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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