This varies by county, but generally, you will have a support hearing within ninety days. Once you file a lawsuit you can seek an emergency order to stop him from dissipating assets and seek an interim distribution of marital funds from what he has already liquidated.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
He is clearing out his retirement accounts and much of those funds went into the retirement during the marriage.
1.) I am disabled with MS and earn NO income
2.) He has possession of the only working jointly owned vehicle
3.) I have a child to support (his step daughter)
4.) My pre marital savings account paid all the bills (bills all in my name) that incurred during the period prior to his unexpected moving out/abandonment
5.) I have very little left in my pre-marital savings to live on to cover the 3000.00 per month overhead. Morg, prop taxes, home owners ins, HOA fees, utilities, food, hygiene and cleaning products.
How can I stop him from dissolving ALL the marital assets that are in his name? Mainly referencing the last 8 years of the 2 retirement accounts. The pre marital portion is prenuped which is OK with me.
IF I take next months mortgage and food money out of my pre marital savings to retain an attorney, how long will it take for the courts to order him to give me at least my half so I can continue to have food and shelter? Or how long for the courts to get him to repay me for the monies I took from my premarital savings to pay the bills that were supposed to be paid out of his pay check?