Equitable Distribution & Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

Dear fresh start:

Greetings. Yes, you can argue that your spouse was a spendthrift and wasted marital assets and therefore you deserve more than one half of the marital estate. You may also want to speak with the District Attorney in your county about pressing charges against all people involved. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

If you can prove that a spouse was reckless with family finances can you argue that an equitable distribution is not called for? Since marriage spouse became a convicted felon and was falsifying personal property documents to hide assets and their sale. Spouse wants half of the equity in the home (mortgage solely in my name). However, I found out my spouse doctored the mortgage loan documents and actually had his mistress participate in the fraud. I ordered the mortgage loan documents from my lender because my spouse and the broker and the closing attorney would not provide me with copies. When I received the documents it was all crystal clear what had been done. I don’t think he should profit from illegal activities especially since my credit is on the line. I have full custody of the children and reside in the marital residence. I have little left in 401K since I used most of it to make the down payment on my home.