Child custody


#1

Dear one2one:

Greetings. Wait…there is no separation agreement or court order for equitable distribution and now the jointly titled house is being sold for less than it is worth? Is that right?

Also, if the house is sold, what do you think is supposed to happen?

Why not file for child support with the child support enforcement agency? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Janet,
There is no separation agreement or court order for equitable distribution. I didn’t seek legal counsel, I trusted the verbal agreements made would be handled by ex’s attorney. If things were handled correctly I’m sure it would have been 50-50. Material things are not the issue. In a way I feel ex dug his own grave by not having the verbal put in writing. I would not have contested anything. I did not want the marriage to end…ex was involved with someone else. As far as the house goes, I am not getting child support now so if the house sells for less & ex refuses to pay child support, I’m still getting nothing. My question is:house sells & ex takes a loan for the difference(ex has not asked me to take on this financial obligation; does that cancel out child support? Our verbal agreement was for support to start once the house was sold. Does each city have a child support enforcement agency and how do I find it?

Thanks!

quote:
Originally posted by JanetFritts
Dear one2one:

Greetings. Wait…there is no separation agreement or court order for equitable distribution and now the jointly titled house is being sold for less than it is worth? Is that right?

Also, if the house is sold, what do you think is supposed to happen?

Why not file for child support with the child support enforcement agency? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.



#3

Dear one2one:

Greetings. The child support and the house are separate issues. You can get child support now, regardless of the house issue. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

Divorced for 2 yrs & in lui of child support ex made house payments. No seperation papers, no contested divorce, no equitable disbursement, & no child support. House is being sold for less than what’s owed & ex is taking on financial obligation. Ex states he will not obsorb this financial obligation so child support will not be what was verbally promised at the ownset of the divorce. From the calcultors I have estimated this amount now proposed is not even half of the amount calculated. I was given a notorized statement of this amount in order to qualify for the purchase of a home which I have done. Does the financial obligation cancel out the child support? If not what is the process at this time to legally acquire child support? Also, we have a 19 year old that moved in with my ex at age 18. I am being told because of being a full time student I am responsible for 1/2. Is that true? Ex sought divorce & I trusted that everything would be handled in the right manner. I don’t want to go another 6 months into this and be told that this “amount” proposed can’t be made because of some other excuse. Thanks for your time!