ED and Alimony


#1

Some quick advice, ask the question and skip the long drawn out version.


#2
quote:
[i]Originally posted by FATHERDORIGHT[/i] [br]Some quick advice, ask the question and skip the long drawn out version.

Hmmm you do have a point! It really is quite a lengthy question but having read other questions on this forum,I came to the arrival that the more info divulged the more helpful the response. I was just trying to portray an accurate account.[8D]


#3

Dear Saharra31:

Greetings. I will try to answer the questions I see quickly, but in the future, break up your thoughts into paragraphs.

I am confused - are they his children or your children or both of your children? If they are only your children they are not factors.

Yes, if she is a dependent spouse, she can be awarded alimony. Your living situation is not a factor for the judge, as your husband’s first obligation is his first wife, not his second. Sorry for the bad news, but good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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

Hello everyone, I was wondering if anyone could help shed any light on my questions. I met my current husband at the end of Aug 2003, at which time he was separated from his now ex-wife. They had separated in the beginning of Feb of 2003. They had been married for ten years,during which time they both obtained a college education and basically had could have had the same earning potential. However, she chose not to work for most about half the marriage. They did not have any children. However, she did start bring cats home, to which he objected after seeing that she wasn’t doing anything to ensure cleanliness in regards to the cats and the general housework. Infact at one point she had 14 cats in the house and he became ill. Major symptoms were breathing problems and a rash which lasted quite some time and fianlly got rid of after consulting the aide of a physician. It was at this juncture that he decided he needed to leave. Ultimatums about her obsession with caring for cats at his expense were ignored. He pleaded with her to work to help them get ahead financially, he was able to provide the basics but that was about it. They did own their own home which was purchased in Aug of 2001, in the following month the tragically disasterous event September 11 occured. he then pretyy much lost his income as a direct hole in the economy.That year the lived off their credit cards and encurred a significant amount of debt. Please bear in mind that at this point she could have said “honey let me help ya out, I will look for a job as well”. This did not happen. I know I am all over the place with this posting and perhaps its not making sense. I will try and get to the point! The divorce was granted to him and read in his favour once he explained why he left and the relationship during the marriage. She ofcourse fought it all the way and would not even agree to the separation date as being the actual date. The judge thank God saw it from his point of view. This not leaves ED"equitable distribution" She wants alimony plus the home which she had managed on her own without any assistance and all of its contents apart from some of his personal belongings and he gets the title to his vehicle, which I might add he has been unable to drive for the past year maybe more since he could not register it without the title which happens to be in both their names. He last year earned 52,000, during their marriage he for one really good year earned a bit more then that but for most of the marriage earned between 30 and 40 thousand. She is considered the dependent spouse since she either did not work or earned no more then 20 thousand even thoush she has a college education. We have submitted all of our financail info the the lawyers and its clear that we have a relatively frugal life. I mean if eating out once a week is lavish then maybe its lavish. We have not had a holiday. we have two children we are supporting. Actually I am at home with the kids at the moment and he is working. My question is this, Can she really get alimony plus the house they owned together and he be lumbered with all the marital debt which half he has settled and paid.Half remains and we got the company to come down 60% which makes it about a $4500 payment. I should also mention that his last marriage took place in NC and that is where they lived. I live in NY and am relatively new to the USA and have realized that things can really vary when it comes to legal matters. So can she really be awarded alimony even though we live paycheck to paycheck and sometimes run out a few days before the next, also she has managed for the past 2 years without his assistance! He is willing to let her have the house and I should also add that once he left he paid the mortgage for about fourteen months and all the bills. Shouldn’t the factors noted above be considered" post separation support"? I would appreciate anyone sheding light on this matter for me as I am new to this country and unfamiliar with Family Law.