You should consult with a local attorney and evaluate filling claims for child support and spousal support. How his voluntary support to you is characterized (alimony vs child support) is not that important right now, the main goal should be to establish a level of total support that will allow you to meet your needs and the needs of you child or children.
Scott Allen is a divorce and family law attorney in Wake County, North Carolina with over nineteen years of litigation experience. He can be reached at 919-863-4183. DISCLAIMER: YOU SHOULD SEEK THE ADVICE OF A QUALIFIED ATTORNEY IN YOUR AREA TO ANSWER YOUR SPECIFIC LEGAL QUESTIONS. SCOTT ALLEN IS LICENSED ONLY IN THE STATE OF NORTH CAROLINA AND THIS RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP. RATHER, THE RESPONSE IS IN THE FORM OF LEGAL EDUCATION AND IS INTENDED TO PROVIDE GENERAL INFORMATION ABOUT THE MATTER IN QUESTION. ALTHOUGH A RESPONSE IS PROVIDED TO THE SPECIFIC QUESTION, THERE MAY BE OTHER FACTS AND LAW RELEVANT TO THE ISSUE THAT THE QUESTIONER HAS LEFT OUT AND WHICH WOULD MAKE THE REPLY UNSUITABLE. THEREFORE, THE QUESTIONER SHOULD NOT BASE ANY DECISION ON THE ANSWER, BUT SHOULD CONFER WITH AN ATTORNEY IN PERSON AS SATTED ABOVE REGARDING THE SPECIFICS OF HIS OR HER CASE
Generally, his payments since separation are more likely to be considered in the property distribution arena versus child support.
I suggest you contact the child support enforcement agency immediately to begin the child support process. at the same time you need to consult an attorney to evaluate realistically if you have any claims for alimony. If he is not making enough money to pay his reasonable bills, even though you have a need, the Court cannot order him to pay you money he doesn't have.
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