Alimony and Child Support in NC
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Considering Divorce or Separation If you're considering divorce or separation, this is the place to talk.

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Old 02-08-2013, 02:10 PM   #1 (permalink)
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Default Alimony and Child Support in NC

Can anyone give me an idea of how Alimony and Child Support work in NC.

Basically it comes down to this;
Married 22 years. married in 1990
Wife use to work when we lived in NY
We moved to NC in 1995 and she stopped working to raise the children.
She recently started substitute teaching past 3 years. This past year she earned the most she ever did substituting. About 8,000.
But no federal taxes where taken out and only about 50 in NC state taxes.
I make the money, just over 100,000.
We have a mortgage
2 cars
and the usual bills
Credit Cards - about 5-5.5K
2 401K loans which are paid from my paycheck twice a month
3 kids;
oldest will be 20 in July - 2nd year community college
middle will be 18 in June - Senior next fall in HS
youngest will be 15 in March

Not separated yet, plan on separating this summer.
Will I have to pay Child Support for 1 or 2 of my children?
When does it start? Approx how much?

Since I make the money how much Alimony will she receive?
Will she be reward the house, custody of children, and I still pay?

Any insight into what I'm looking at would be appreciated.
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Old 02-08-2013, 02:12 PM   #2 (permalink)
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Default Re: Alimony and Child Support in NC

It may be easier and faster to Google exactly what you put in the thread title.

I'm pretty sure child support stops when they turn 18 in every state. Alimony is different in every state.
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Old 02-08-2013, 03:26 PM   #3 (permalink)
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Default Re: Alimony and Child Support in NC

Talk to an attorney. If you make that much a year, you should have an attorney you use. They might not deal with divorce/family law but they could refer you to someone else.
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Old 02-08-2013, 03:49 PM   #4 (permalink)
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Default Re: Alimony and Child Support in NC

Actually I don't have an attorney. Never really needed one. I'll have to find one and see if I can get some free advice before having to come in and pay.
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Old 02-09-2013, 02:05 PM   #5 (permalink)
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Default Re: Alimony and Child Support in NC

Quote:
Originally Posted by nickgtg View Post
It may be easier and faster to Google exactly what you put in the thread title.

I'm pretty sure child support stops when they turn 18 in every state. Alimony is different in every state.
Child support doesn't end until 21 in NY.
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Old 02-10-2013, 06:53 PM   #6 (permalink)
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Default Re: Alimony and Child Support in NC

Blue dragon,
You will only pay support in NC for your children who are under 18 which is one child. You will be paying VERY HIGH alimony, probably for life because your marriage is over 20 years and your wife right now can't support herself at the marital standard of living.

Will it break you financially if you make over 100K, probably not but it will hurt. You need an attorney prior to separation. The best thing you can do is try to come to an agreement but talk to a lawyer that practices family law in your county who can tell you how the judges there will rule.

Once you separate, you will pay her alimony pendente lite until your divorce is final. The final amount will either be set by you by agreement or by the judge. I would offer her some support until she can become self sufficient and then would cut it off. Alimony is theft and lifetime alimony is a blight that society has not eliminated yet.

On custody, there is no reason why you and your wife can't share custody of your 15 year old. The other 2 are adults and are not up for discussion. The more time you spend with your 15 year old, the less you pay in child support. Make sure whatever you do is in your child's best interest. The money is never a consideration when it comes to a child.
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Old 02-10-2013, 08:27 PM   #7 (permalink)
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Default Re: Alimony and Child Support in NC

You most likely will be required to pay for dependent child health care through age 26 if they don't have their own now.
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Old 02-10-2013, 08:42 PM   #8 (permalink)
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Default Re: Alimony and Child Support in NC

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Originally Posted by Married in VA View Post
Blue dragon,
You will only pay support in NC for your children who are under 18 which is one child. You will be paying VERY HIGH alimony, probably for life because your marriage is over 20 years and your wife right now can't support herself at the marital standard of living.
She is capable of finding a job. She has a college degree in Data Processing though it is from late 80's early 90's. She just keeps using her back as an excuse since she had back surgery.

Quote:
Alimony is theft and lifetime alimony is a blight that society has not eliminated yet.
I agree. In todays society she can work and should work. I should not have to support her the rest of her life. Why should she get majority of my pay to continue to do nothing but substitute teaching, while I will struggle to survive. Makes me not want to even work then because basically I'm working for her. Where is the justice/fairness?
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Old 02-10-2013, 09:02 PM   #9 (permalink)
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Default Re: Alimony and Child Support in NC

Dragon,
Your best bet is that you get a judge that makes her get a job so you won't have to support her for life. Courts seem to be moving away from lifetime alimony thankfully.

Again, a good lawyer in your county will be able to tell you how the judges there rule on alimony and divorce cases so you know whether it's better to settle out of court or to take the issue to court.
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Old 02-11-2013, 12:23 AM   #10 (permalink)
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Default Re: Alimony and Child Support in NC

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Originally Posted by Married in VA View Post
Blue dragon,
You will only pay support in NC for your children who are under 18 which is one child. You will be paying VERY HIGH alimony, probably for life because your marriage is over 20 years and your wife right now can't support herself at the marital standard of living.

Will it break you financially if you make over 100K, probably not but it will hurt. You need an attorney prior to separation. The best thing you can do is try to come to an agreement but talk to a lawyer that practices family law in your county who can tell you how the judges there will rule.

Once you separate, you will pay her alimony pendente lite until your divorce is final. The final amount will either be set by you by agreement or by the judge. I would offer her some support until she can become self sufficient and then would cut it off. Alimony is theft and lifetime alimony is a blight that society has not eliminated yet.

On custody, there is no reason why you and your wife can't share custody of your 15 year old. The other 2 are adults and are not up for discussion. The more time you spend with your 15 year old, the less you pay in child support. Make sure whatever you do is in your child's best interest. The money is never a consideration when it comes to a child.
We do not have alimony in Australia, the whole concept sounds bizarre to me. What happens if the person receiving it starts get a good job or they remarry, does it still have to be paid?
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Old 02-11-2013, 09:33 AM   #11 (permalink)
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Default Re: Alimony and Child Support in NC

In most US states the wife can attach their ex husband's pension and retirement plan years or decades in the future. My accountant is divorcing and she's getting half of all their assets as well as half of his. He won't pay spousal support because she's self employed and currently working but in terms of the assets garnered jointly in the past e.g. his pension, that's divisible.
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Old 02-12-2013, 06:31 AM   #12 (permalink)
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Default Re: Alimony and Child Support in NC

Holland,
If the spouse receiving alimony remarries or in some states even cohabits then the alimony can stop. If there is a material change in circumstances, such as a new job, the alimony can be reduced or stopped.

I don't pay alimony but know people who do. It is not okay for one adult to have to support another. There are exceptions of course but they are rare and in cases of adultery it is NEVER okay to have to pay out to a cheating spouse. Change is coming but it is slow. Most state legislators are still slave to the feminist lobby. Their influence in our society is waning however.
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Old 02-12-2013, 06:56 AM   #13 (permalink)
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Default Re: Alimony and Child Support in NC

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Originally Posted by Married in VA View Post
Holland,
If the spouse receiving alimony remarries or in some states even cohabits then the alimony can stop. If there is a material change in circumstances, such as a new job, the alimony can be reduced or stopped.

I don't pay alimony but know people who do. It is not okay for one adult to have to support another. There are exceptions of course but they are rare and in cases of adultery it is NEVER okay to have to pay out to a cheating spouse. Change is coming but it is slow. Most state legislators are still slave to the feminist lobby. Their influence in our society is waning however.
I agree about everything apart from "feminist lobby"

No feminist wants to earn alimony. The entire concept of alimony is based on the pre-feminist movement era when guys worked and women stayed home, in which case a divorce impoverished the woman since she had no income.
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Old 02-12-2013, 07:50 AM   #14 (permalink)
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Default Re: Alimony and Child Support in NC

Many states are moving away from a permanent alimony, to what is called rehabilitative alimony. This is support for a period of time, lets say one or two years, to assist the stay-at-home spouse in entering the workforce. Its usually given in long term marriages when one spouse has been a SAHS.
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Old 02-13-2013, 10:28 AM   #15 (permalink)
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Default Re: Alimony and Child Support in NC

When Alimony is determined, is it based on your current take home income or do they take into consideration you will have to change your W4 status from married to single?
For example, if you are a married couple with 3 kids and you make 3000 pre-tax and say 2000 after taxes every 2 weeks.
Now you get separated. And have to pay Child Support and Alimony
when you file your taxes the next year. What status are you filing under?
Married filing Separate? since your not technically divorced yet
or
Single? which means your in a different tax bracket and if you left you claimed on your W4 the same, you'll probably end up paying taxes.

So if you switch your W4 resulting in more taxes taken out. This would effect your take-home amount.
Let's say instead of 2000, now your take home is 1700.

When this Alimony is determined, is it based on your current take home, or your new take-home?
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