Skip to main content

Is my husband past monthly payments for mortgage going to be considered child support when he just told me he was not paying any

Greenville, NC |

thing extra consider what he been sending as child support. I was in school he was sole provider over the road driver and just stopped seeing us july but has not been physically home since sept because he sd make more money to afford the bills staying out so we met each month at hotels for our family time. but dropped the bomb saying im on my own pay all the bills alone take him to court. will the money he been sending be calculated as child support when it was marital bills in addition to child care and maintenance?

Attorney Answers 2


  1. 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


  2. 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.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics