Equitable Distribution Orders

My Ex has not followed the court ordered Equitable Distribution from 2016. Is there a statute of limitations for filing order to show cause and contempt? What about interest?

Also, he lied in court saying he inherited 100% our first home. He inherited only 1/3 and we had a mortgage for the other 2/3’s. Is this fraud and can I file Rule 60-B for this and get my equity for this as well plus interest?

You can file a contempt motion against your ex-spouse for willfully violating the court order. You have 10 years to file a contempt motion.

You will likely be ineligible to file a Rule 60 motion for a new trial. These motions must be done within 1 year of the entry of the order or within a reasonable amount of time. Assuming you learned of this information soon after the court order was entered 4 years ago, then the amount of time to be considered “reasonable” has likely passed. If you already knew this information, then the appropriate time to reveal it would have been at trial before the judge.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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