I’m sure that this does happen but if it’s a daycare facility, simply subpeonea the invoices. If it’s a individual, you could ask that the amount be shown with canceled checks, or receipts. If there’s not a “paper trail” it can’t be proven and won’t be allowed if it’s questioned. My husband paid the sitter a partial payment (his portion)in cash one time prior to their final agreement being signed and the ex took him back to court. He ended up paying the state the money again so that she got a $41 check.
You can seek proof of the amount paid, either by requiring your spouse to submit their initial disclosures or by sending a subpoena to the day care to find out what the costs are.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
thanks for the advice…I will need more regarding a house in our names, that according to our sep agreement was to either be refinanced by her by a set date that is now a year ago, or remain on the market until sold. She is now leasing the house without a signed lease agreement by me or written agreement from me. What kind of legal action can be taken and do i need something other than a divorce lawyer to represent me? How bad could it get if there is no legal agreement and the renters decide they don’t want to move or pay or worse wreck the house?
john duffey
Does she have a lease agreement that she signed?
If you’re name is still on the mortgage and you are concerned about the persons leasing, you can always evict. Without a signed lease by the owners they would have 30 days and would be responsible for any damages. What’s worse than that is, what happens if these people not only damage the property but also get injured???
Is your divorce final? If not, then I believe that your divorce attorney could handle this since it’s in your agreement that the home was to be refinanced by her by a date past due or left on the market until sold. She has not followed that but instead has chosen a different route…this makes both of you physically and financially responsible for the home. If your divorce is final, she is in breech of contract according to the agreement and you can sue for that. I don’t know if a divorce attorney would need to handle that or if you could use a different one…
Are you asking what do do about making her refinance?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
Can a spouse inflate the amount spent on child care for work related expenses for the purpose of recieving more C/S? what can be done to disprove the amount?
john duffey