Enforcing compliance to property settlement

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Atpeace:

Greetings. Congratulations on the agreement:

  1. Yes, the 60 days start from the date of execution of the agreement.

  2. You should agree to a promissory note so that you can have it paid in the event that he does not pay as agreed.

  3. Yes, he could claim that, so I recommend that you have your child in daycare, school, or at the babysitter while the exchange occurs. Best of luck.

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

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

I will be signing a property settlement today in lieu of ED. STBX is supposed to pay off all IRS/NCDOR debt and repay the amount that has been garnished by my employer for same debt. He has 60 days according to heh agreement. My questions:

  1. When does the 60 day count down start? The date he signs?
  2. If he does not meet this deadline to repay me, how can I enforce? (Obviously I’m not sure he has the financial capability to do this.)
  3. One of the items he is to return to me is a shotgun. Our child custody order says there are to be no firearms around the child. How do you suggest this transfer occurs? It will be immediately transported to my parents’ home in SC where there is a gun safe. Can he claim a violation if, for this one day of transport (unloaded, of course) I have a gun in my possesion while I also have my daughter?