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

Asked 9 months ago - 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. Scott E. Allen

    Contributor Level 11

    3

    Lawyers agree

    Answered . 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... more
  2. Adam W. Bull

    Pro

    Contributor Level 11

    Answered . 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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