Hidden Assets and fraud! Need help!

North Carolina Divorce Law Divorce and Separation Answers
1

Dear dstamey16:

Greetings. First, did you have an attorney at the mediation? Did you include a disclosure paragraph in your separation agreement? Do you have a separation agreement or an order?

  1. You need to speak with a civil trial attorney, as we specialize in divorce only. Typically though, when you settle a case, you cannot go back even if you learn of new evidence. If you have an order, and you believe there was some fraud, you may be able to have the order set aside.

  2. Yes, if you have an order, you can file a Motion to Show Cause and ask the court to hold her in contempt.

  3. You need to speak with a criminal attorney, or the district attorney in your county, concerning your rights in pursuing criminal charges against her.

Thank you.

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

In July of last year, my wife and I settled our ED case using a mediator. The primary reason that I settled is because the my ex-wife convinced the mediator that she had no money to pay me back everything she had taken from me. The mediator advised me that my best course of action was to take a long term settlement of $300 per months for 28months because “one cant squeeze blood from a turnip”. UNknown to me, her attorney or the mediator at the time, my ex had taken out a $20K loan from her fathers mortgage company, and then written a check back to him for $16K of it and deposited the rest in a safty deposit box. THis act was in violation of a previous court order that she was not supposed to dispose of the equity in the house.I believe in NC, “hiding” assets in this manner prior to the judgement of the court is a criminal misdeamenor. She and her father, a licenced mortgage broker in high point, conspired to hide this money. I just learned about the scam a few weeks ago. By the way, she has not paid me the $300 per month in 4 months. What can I do?

Can I sue her father and his company for what I would have gained had my case went before the judge?

Do I simply file a contempt charge against her for not paying the $300 per month?

Do I file criminal charges against her?