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
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.