Asked in Family Law for North Carolina

Q: Me and my ex husband divorced 4 years ago. We have 3 children together. We share 50/50 custody. what are my rights?

We share 50/50 but he no longer carry’s insurance on them due to he can’t afford it and he doesn’t pay child support due to it being 50/50. But me and my husband pay for everything!!!!!! All I wanted was for him to continue paying there insurance. He constantly says if I ever take him to court he will make my life hell and he will do everything to ruin my marriage (keep in mind he is about to marry wife number 3 I was wife number 1) I don’t know what to do I don’t know what my rights are what can he do back to me to keep from having to pay? He swears he can get me for alienation of affection because I was talking to some one at the end of our 1 year separation and before the divorce was final. My husband says I keep letting him take advantage of me and that it’s not fair to me or him to keep paying for everything. So what can I do with out making it hard on the kids or him making my life hell? Also we take turns claiming the kids on taxes and I feel I should be able to claim them.

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Greensboro, NC
  • Licensed in North Carolina

A: Your case is one that any answer I give is going to be incomplete and somewhat inaccurate, and for that reason I would suggest you consult with a local family law attorney.

I would be shocked if he has a viable alienation of affections claim. He isn't going to be able to rely on any conduct that took place after you separated, and I'm skeptical he has the resources to pay an attorney to file the suit for him. Beyond the alienation suit, I don't know what else he could do to "make your life hell," but if he does harass you then perhaps you would be eligible to take a 50B restraining order.

From the basic facts you presented, I would look into your child support claim. The fact that you split custody 50/50 does NOT mean you can't get support.

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