Clayton, NC asked in Child Support, Divorce and Family Law for North Carolina

Q: About child support in NC

I am wanting to leave my husband and collect child support. I am on SSDI but my husband is telling me that he will not pay me anything because when we were separated a year ago but still living in the same home due to financial reasons, I dated someone else, whom he told me to date, and he will come after me for adultry if I try to get anything from him. Can he do that?

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: You seem to have the wrong idea about things. You need to consult a with a local family law attorney who can review your situation in more detail and lay out your options. If you were living together in the same house - you were not separated. As to him 'coming after you' for adultery, what does he hope to get? Money? That's likely not happening if you are on SSDI. If you want to leave and apply for child support there is nothing he can legally do to prevent that. He can possibly dodge making child support payments for a while but unless he is willing to hop from job to job and work under the table and off the grid - you'll likely get child support eventually. His to him getting anything from you - likely not happening. Best of luck.

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