North Carolina Child Custody Legal Questions

In California, there is no preference as to the sex of a parent in awarding custody. It is unlikely that either parent will get sole custody, but you could end up with primary custody based on the fact that you are the primary caregiver. A court looks at many factors to determine what is in the best interests of the child. Some factors which will be the time that each parent has for the children, drinking issues, etc. Courts also look at which parent will make the child more available to the non-custodial parent. Since the mom has two other children, the court will also look at the bond between the children in making orders. You will likely want to hire a family law attorney so that you can present your case in a way which will provide you with the best outcome.... Read More

I do not have enough information to answer this question. I can tell you that spousal support is based on a computation that incorporates the income of both spouses. If you are earning an income that is higher than your wife's, then you may have to pay some spousal support *if she requests it from the court.* Spousal support is not "automatically" ordered, and will not be awarded for time periods prior to your wife's legal request. The genral rule is that spousal support will be payable for about 1/2 of the length of the marriage. Temporary support orders (pending divorce) will have a higher amount than permanent orders (what people refer to as alimony). Courts work toward each spouse becoming self-supporting, and often incorporate work or vocational training orders into a spousal support award.... Read More

While the current 401(k) balance may be relevant to other issues, e.g. alimony or an unequal distribution of marital assets and debts, typically the assets are valued as of the date of separation. You should consult with an attorney so you do not give up more than you need in settlement and are prepared for Court.... Read More