How Do You File for Child Support and Alimony While Separated?

Written by Jonathan Breeden

August 26, 2020

Figuring out your finances during a separation is hard and the is a lot to consider. But if you can work these issues out, it lets you and your spouse enter into a formal separation agreement.

Unfortunately, sometimes spouses can’t agree or one party may try to avoid paying what’s fair. This is often the case if one spouse moves out and transfers money to another bank account. In this case, you may need to speak with a North Carolina child support and alimony attorney about your rights and options.

Attorney Jonathan Breeden of Breeden Law Office can walk both of you through formalizing your separation agreement and help sort out your co-parenting and financial situations.

With over 20 years experience and local offices in Raleigh, Garner, Angier, and Smithfield, attorney Jonathan Breeden has helped countless individuals successfully resolve child support and alimony issues.

Call (919) 205-5254 today or contact us online to schedule a consultation.

Child Support in NC While Separated

Whether you and your child’s other parent are married or not, both are equally responsible for the financial needs of your minor children. Just because you separated, does not mean your child’s other parent may forgo financially supporting them.

If you and your spouse separated and you are acting as the custodial parent, whether by mutual agreement or court order, then you have the right to seek child support during this time.

You and your spouse have the right to make an agreement regarding child support yourselves and make it official in a valid separation agreement. If you cannot come to an agreement, then contact a lawyer to discuss filing for child support in your local court system.

Once you officially file for support, a judge will review the situation to determine if child support is appropriate. If so, the judge will use the North Carolina child support guidelines to determine an appropriate amount.

The duration of child support will typically be until the final child custody and visitation schedule is agreed upon, at which point child support will be recalculated.

Alimony in NC While Separated

North Carolina specifically allows for post-separation support. This temporary spousal support is paid during the separation until the divorce is finalized.

If you are currently going through a separation and preparing to file for divorce, or one of you has officially filed, then you may have the right to petition the court for this short-term alimony.

Whether or not a court awards post-separation support depends on you showing that you are the dependent spouse and receiving support is the equitable solution to the disparity between you and your spouse.

What Factors are Considered?

North Carolina specifically lays out what a judge must review to determine if alimony is appropriate. These factors include:

  • The age of you and your spouse
  • Your and your spouse’s physical, mental, and emotional health
  • The relative earnings and earning capacity of you and your spouse
  • The education and training you need to be financially independent
  • Duration of the marriage
  • Your standard of living during the marriage
  • Your and your spouse’s relative assets and liabilities
  • Any contribution as a homemaker
  • If any infidelity was committed during the marriage

When is Separation Alimony Allowed

Post-separation support is usually appropriate when you are a stay-at-home parent while your spouse works full-time to support the family. You may require your spouse’s continued financial support to maintain the household and meet your children’s needs. However, the disparity does not have to be between a working and non-working spouse. You may work as well, yet make far less. In this situation, you may need to show that you cannot support your lifestyle on your income alone.

A North Carolina Family Attorney Can Help

If you need to figure out child support and alimony during your separation, call Breeden Law Office. Attorney Jonathan Breeden will guide you through mediation or negotiations with your spouse, letting you both to come to fair agreement regarding child support and temporary alimony. But, if your spouse is not being reasonable, we can also take further action and represent you in court.

To further discuss your rights and options, call (919) 205-5254 or use the online form to schedule a consultation.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden