Military and state problems need guidance


#1

I am in rule 60 motion where my divorce was set aside…
I am supposed to be awarded temp alimony for payment of breaching our original agreement which I am entitled based on military law and spousal benefits.

In the last three years he has kept the extra Baq and bah I got the bah for housing he also claimed interest and refinanced illegally the house without my knowledge.

He has another property and has earned money through his many ventures in military extra money and also side business.

the thing is if I stayed married to him til 2011 I get more benefits maybe health care and such…
my lawyer is great but he used friends to extort me and threatened me to keep me from working or having priviledges in NC …since then I have not been able to work because of the situation using military tactics and local friends whom I think outside him want me to not succeed also and move forward. so there are others involved. I think originally wanted us to divorce. Be that he used very mean tactics to control and make sure I was not able to be upstanding in the community I feel government involved cause I am also have a great resume and was being offered many high positions to contract and felt there is some jealousy. I am working on my lifestyle issues. my attorney only got me $600 which he is making over 10,000 a month…this is not much for support. be that I am getting the BAH.
I arranged a fee and they are doing this trying for summary of judgement his attorney.
what is that? and can I file small claims on him and should I press charges on him for intent to obtain property under false pretenses I feel his career should hinder since it was done to me. I really would like to stay married and make him suffer til my lifestyle is clean from him doing this and the people who helped.
He does not deserve a nice career …I never harmed him and wanted to be friends in hope that I would be in a good career…it is discusting and what and how they treated me as a spouse as if I am not to be making money…it is like because I no longer wanted this I am being punished…I do not want to be taken care of he had nothing when he met me.
why would they allow him to move forward and not me…with the fact that even so the government should give me bonuses and incentatives for serving yet they did not make sure of it be that why woudl I take a lower grade husband when he is still at his rank.
I am involved in other agencies and hoped to actually be able to go out of state to meet others more in my realm. But was extorted for I am not really interested in this state if I am not able to be in a position where I can make a difference and supported. I have many other states that would be more helpful and maybe offer a better position. I mean these guys move up I think I should too. for it is my right to be paid I was not a volunteer.

I think the military should kick him out so to speak or be investigated for this. I really don’t care.
But NC needs to let me go for I can not transition out it takes to long and bills are getting high. so the property of one we are partnered on needs repair I have done what I can and residing temporary cause of contract issues with employment of people extorting and so can I take him also to small claims to pay $5000 to repair that he was supposed to take care of.
I really can not with the situation plus my credit should be excellent …and don’t want the attorney playing me for monthly payments when I can not afford it especially for a measly $600. I know that there is EQD. Any ideas? Being single in this state scares the hell out of me…
I really need my work with federal cause NC has been discriminating on my lifestyle in transition and such. I can not believe this I am a professional and can even run for governor if I wanted but with this extortion and such it puts even a regular job or even just driving in this state a pain and why would I transition.

Should I arrange a way of staying married and making him pay part of the income to me for acting and working with contracting of the army unit …for my pay should not be through him or in his control for my work with the military should come to me or be reimbursed.

I was excited that I was given this and could not believe they did this as if I am not aloud to receive money for my work…that is illegal.
application process is retarded and comes accross discriminating. plus they wanted NC things I am not in NC for this I work through another office and would not do this if I am not welcome to do business in this state and why would I bring money if I can not get easy transition and respect. What do I do?


#2

I am having trouble following your question/issue, however I can say that unless you have a valid separation agreement (or court order) the state courts will not enforce a spousal support agreement. If you are entitled to support via the military, I suggest you contact the CO regarding your claim.

There is not a method by which you can delay divorce in North Carolina, the divorce is granted based on the separation, and is done so by summary judgment if the facts are not in dispute. This means there are no facts in issue and the court does not need to hold a hearing on the matter.

Small claims court is not the proper forum for issues related to martial property. If you have not divided your property and a divorce action is pending, your remedy is to file a counterclaim for Equitable Distribution. The courts will then have jurisdiction to adjudicate your property issues, however this will not preclude the divorce from being entered, it will simply preserve your rights to be awarded your share of the marital property which was acquired from the date of marriage to the date of separation.