ED Amended, Set Aside, or Vacated


#1

My ex husband and I have been divorced for years and have had very little contact. I recently found out he retired from the military and have sent off the paperwork for my half of his retirement. When we originally sat down with our attorneys to negociate our ED, I was asking for a lot. I had an attorney that kept telling me how entitled I was to everything. When it came to the alimony, I got bit in the butt because my ex husband had solid proof that I had been living with and having sex with another man for about a year before we were even seperated. I was really embarrassed and hyperventing crying and so he didn’t put up a fight when it came to the retirement, and the two houses I wanted in the divorce (we had 3), but my post seperation support and alimony were dismissed with prejudice. In Oct 2009, I quit paying on one of the houses that I was renting out. The Ordered, Adjudged and Decreed portion says that the two houses I wanted are solely mine. It does not say that I am ordered to timely pay all mortgages, taxes, or insurance as it does under the house my ex husband was awarded. However, it does say it under the FINDINGS OF FACT. My ex husband was contacted by the mortgage company 4 months after I quit paying and he ended up making up the payments and I signed the paperwork to sell the house (he had to pay out of pocket). The FINDINGS OF FACT also say that 3 months after the rental house was sold I was would refinance the house I was living in out of his name and return his VA Certificate of Eligibility to him. I did not do this. In fact, my boyfriend and I broke up and I was depressed, so I quit making payments on the house. My ex husband was in Iraq or Afghanistan at that time, and they were sending the notices to my address, so he was never notified and I never told him. The house was foreclosed on back in 2010 and he just found out about it when he was retiring from the military because he ran his credit report. He does not think that I should get half of his retirement and says that I am in civil contempt or that the findings of fact were not fact, but fraud on my part. I guess I should mention one other thing. My attorney encouraged me to cut back my hours while we were seperated to part time to show making less money. I have been making more than 3 times what I was making then and when I looked through the entire ED Order I can find nothing that states the value of anything…the properties, his retirement, the vehicles, my 401K plan. My question is this. Can he get this order set aside for me not complying with the findings of fact? Can he get it set aside or amended because no monetary values were placed on the divisible property?


#2

Refer to NC Rules of Civil Procedure Rule 60 - he can petition the court for relief from the order based on fraud, however he only had one year after the order was entered to make the claim. Even if he is unable to have the order set aside, he can file a motion for order to show cause and seek to have you held in contempt for not complying with several aspects of the order.