During separation should I pay my wife child support for our 2 kids or pay the house payment?

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During separation should I pay my wife child support for our 2 kids or pay the house payment?

We’ve been living separate for 7 months and I currently give her a check for child support for our 2 kids. This is not court ordered; I just started doing it immediately when I left. Now she wants me to start paying the house payment instead which is about $200 more per month than the money I currently give her. I’m trying to avoid having to pay alimony when we divorce. I didn’t leave on my own; we got into an argument and she pursued assault charges on me. She makes the same money as I do and has worked the entire marriage. What would be best for me to pay at this time until the divorce?

Asked on February 4, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No one can give you that kind of guidance in this forum.  It would be legal malpractice to tell you without seeing what your situation is, and knowing your state laws.  And it would be unethical to advise you to try and avoid something that you may in fact be legally obligated to pay.  So here is what you really need to do: speak with an attorney about starting an action of whatever kind that suits you to establish proper support here for the children and establish what your financial obligations are with regard to your assets. You are going to have to do this sooner or later so do it sooner.  Good luck to you.


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