Divorce with Children and Alimony - How Does It Work
My question involves a marriage in the state of: North Carolina
I have a friend that has been seperated and is finally financiially ready to go through a divorce with his ex and has already begun to pay child support and alimony. Now, here is where it begins. He is in the Military, and he is supporting her financially and she is living with another man. He is paying $1000 in child support and she is also recieving public assistant for the 2 children to attend school. He is also paying (Alimony) totating $400 something and change and the agreement is the payments of her car.
Now, he is stating that because he is in the military and thats how things go, and she knows all the laws to screw him over is why he is just agreeing with whatever she wants, and she refuses to pay her portion of the divorce to get it finalize.
My question is if he is paying for their house that no one is living in without her assistance, giving her child support, paying alimony, paying his own personal rent and vehicle, electricity, insurance and etc. is this fair? He is financially struggling due to him paying for absolutely everything. What should be the correct way for this to be handled? Should child support not be reduced if she in fact is receiving public assistance, and also working. Should it not be to where this agreement is different due to the afct that she is receiving additional government help? Please help me understand so I can better assist him.
Re: Divorce with Children and Alimony How Does It Work
He should speak with a local attorney.
If she needs public assistance, he may just find his child support goes UP, not down.
Re: Divorce with Children and Alimony - How Does It Work
What do you mean by "she refuses to pay her portion of the divorce to get it finalize"? If the issue is that his ex-spouse won't comply with provisions of the court order, he can take her back to court and seek enforcement.
You state that the mother is "recieving public assistant for the 2 children to attend school". Exactly what are you talking about? If in fact you are talking about public assistance, the state would normally recoup money from the support payment and forward any balance to the recipient, but we have public schools in this nation so superficially your claim doesn't make much sense.