Thank you. Sorry I meant to make this a reply…
OK. What evidence would you suggest would be key? I have the bank statements for the mortgage and his deposits for child support. Do I need more photos or does it really matter? To pay rent on time this month I had to wipe out my children’s savings accounts, should I print that? I have until the end of the month to decide whether or not to move out of my apartment should I include my notice to move out as well? Just now he paid the Jan 31st payment (a full week late), he still has 2 this month…Feb 15th and Feb 28th. Also, I dont know my case worker, child support was established in a separate town than where we both currently reside (we are also currently in two separate counties). Which county CSE do I contact?
The evidence that you would want is to be able to show his ability to pay the ordered child support but that he has willfully refused to do so - he can afford other expenses but isn’t paying his child support expense.
Your child support case is likely still in the same county that it was originally ordered. So start with calling CSE in the county that issued the current order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Another turn of events…this weekend I received an email that one of his mortgage payments bounced. I dont know what to do at this point. Per our verbal agreement the house is to be his. He never refinanced it into his name nor will he. Being that it bounced that tells me he doesnt have money. Is there any way I can protect myself from a hit on my credit? I can keep an eye out on the mortgage and see if he comes up with a payment but since we are divorced is there anything legally I can do? Or am I just stuck. I have been out of the house for 9 years. I have a feeling he wont pay child support this coming week. However he still is spending money at the bar. I feel like I just need to keep collecting evidence and its just a waiting game. I just hate that I am being pulled down with this.
If you have an equitable distribution court order or a separation agreement, it likely requires him to refinance the mortgage. Assuming the time allotted for him to refinance has passed, you could file a contempt motion or breach of contract lawsuit against him for failing to do as the order or separation agreement required.
Otherwise, there is no binding obligation that would require him to refinance or sell the home in order to have your name removed from the mortgage.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Unfortunately our ED wasn’t specific on that. It just states that we settled it ourselves. I have asked him to refinance and he refuses. Its been almost 9 years that I have been out of the house. However, without him having a job he cant refinance anyway correct?
I guess I am just stuck.
He will likely not qualify to refinance without a co-signer.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So this weekend he did not contact me at all about seeing the kids. He has not seen them since Jan 7th. Its 6 months of willfully not seeing the children for me to have rights removed correct?
Also the mortgage is still not being paid and he has yet to pay child support. Today it accrues a late fee. I believe I will be forced to make a payment on the house this month to prevent it from being reported to credit. I have a feeling the March 1st payments will bounce as well.
I am trying to prepare myself for March… As it stands, I will have to move out of my apartment and in with a friend as I cannot afford a place to live without child support. He has not responded to my request for CS. I can take care of the February bounced payment but I cannot afford to pay for any in March if they bounce again. I have all of my paperwork in order along with photos. Is there any way I can go to court for the petition for a partition to sell the property? I cannot allow the house to go into foreclosure. He is on probation, has no money, no job, wont see the kids and wont pay.
Also I called CSE and because we did our divorce through family court they said they cant help me. I will have to go back and file the motion to change venue to my location and a motion to show cause…does that sound correct? Is there anything else I can do or is it all on me?
To make matters even worse I called the HOA and he is 2 years delinquent on the payment. Is there anything I can do for that?? In March it is going before the board to put a lien on the house. They told me I can stop it if I send an email to the HOA with how much I can pay per month along with my story and it will go to the board. I havent lived in that house in 9 years.
Do I have any way to save my credit? Is there nothing out there to protect me?
Six months of willful abandonment of a child is grounds to petition for a termination of parental rights.
You can file a petition to partition the property but you should seek the advice of a real estate litigation attorney to see if this is the best remedy for your situation.
If CSE can’t help then you would need to file for a motion and order to appear and show cause (i.e. the contempt motion) against him and a motion to change venue if you and the children are no longer living in the county that originally handled the establishment of child support and other divorce matters. Since CSE isn’t able to help, then you will have to file these motions unless you hire a lawyer.
For the HOA fees, it sounds like writing a statement about your position and the fact that you have not lived there for 9 years will be worth a try. An HOA can put a lien on a property.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So I am considering the Partition. I understand the process is relatively straightforward…it is sent to him, he needs to respond, etc. My big question is that what happens if he doesn’t respond? He is known to ignore things of this nature. I would assume it would then be served to him? However, I would not be surprised if he ignored that as well. Do things just proceed with a force of sale? I am just worried he will ignore everything sent to him.
If he does not respond to the petition to partition, you may be able to get a default judgment for the relief you requested in the petition.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.