Foreign Separation Agreement


#1

Neither party resides in the state that adopted the Separation Agreement as an order.
I am receive child support and reside in NC w the children and the other party resides in SC.
The other party waived all rights to equity in the marital home but has refused to allow refinance of property under the mentality of ‘if I can’t have the house, no one can’. That home recently sold at auction and a check was issued for the equity SOLELY in the other party’s name. I am in possession of the check and the other party does not even know of it’s existence. I am preparing to register our foreign child custody and child support orders and I would like file a motion to compel endorsement of check. Should I draft a motion to register our separation agreement or is it categorized as a support order if I include it in that filing? I trying to figure out the best method to ask the courts to get the ex to comply with the separation agreement and release the equity to me as previously ordered.


#2

The only foreign (out of state) judgments that you can register in NC are for child custody, child support, and spousal support. Since the problem you are having with the equity in the home is likely an equitable distribution (property division) issue, and it was made a court order in another state, NC courts will not be able to enforce it. You will have to file a contempt motion, or like motion, in the state that issued the order.


Anna Ayscue

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

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