Alimony/ Temporary Sep agreement


#1

Dear hugheske:

Greetings. Please, please don’t tell me that you drew up your own agreement. Argh…this just pains me immensely. No, I doubt that your agreement would hold up, except to show that you can pay the amount you agreed to and to show that she needs the amounts you agreed to pay. You may have done more damage to your long term negotiating and court position then you intended.

I cannot imagine why if you both live in Virginia she would file in NC. I think that would cost you some funds, but you could quickly get the matter moved to NC. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex and I separated 4 months ago and drew up our own “temporary” separation agreement. We both signed it but did not have a notary or witness. In that agreement we set up child support and Alimony payments. I have been making these payments, but every time she runs out of money due to her reckless spending she comes back for more. I want to cut the alimony payments and force her to take me to court…as I believe based on the circumstances, I would end up better off any way. My question is will the temporary agreement that we established hold up in court since we did not have it witnessed, notarized etc…? Furthermore, I am being told by a mutual friend that she filed a petition for child support and alimony…which I have been paying…but she filed in Virginia and is a resident of North Carolina…Can Virginia do this or does it have to be North Carolina?