Motion for Relief


#1

You’re preaching to the choir. My Ex deliberately gave a bogus address for me so I’d never be notified for the hearing and on top of that, went to another state to get custody and child support. I didn’t know what happened until 5 months later. If it’s been less than a month, and she went through N.C., then you need to file an appeal on the grounds you were not notified of the hearing. Even if its been more than 30 days try it anyway. You’ll need to file a motion to dismiss, or a motion to modify, and make it clear you were not notified of the hearing and submit any proof you have. I’ve been fighting my case for 5 years, and the original case was even dismissed for lack of jurisdiction by the other state but N.C. refuses to recognize the dismissal.


#2

Ok, so after 3 weeks of research, I can find no forms for modifying the alimony. I now have proof enough to get the order vacated, but CANNOT FIND ANY FORMS TO DO THIS. Can I please get a response from a lawyer on how to do this. I cannot make my car payment, mortgage payment and am at risk of default. I have no money for a lawyer, Please HELP!


#3

I’d really appreciate a lawyers response, please! All attorneys I have spoken with have told me there is nothing I can do.


#4

You need to meet with an attorney and hire the attorney to file the appropriate paperwork. You can’t afford not to get the help and I don’t think you are going to find the forms on the web. Sorry.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#5

Thanks for your reply, but my wonderful fiancee found the forms online, completed them and I am in court this week! We are attempting to get child support reduced and alimony terminated on the basis that she (my ex) commited marital fault. My questions are as follows:

  1. My fiancees lawyer has said that unless a subpoena is issued the court cannot ask for my fiancee’s income, is this correct and does it apply to both child support and alimony? My fiancee and I have two children together also. My ex’s lawyer is constantly trying to get this information
  2. What is considered reasonable living expenses? If the dependent spouse does not work, is it reasonable to argue that $150 a month on gas and $115 on hair appointments is not reasonable? She does not take the kids anywhere. I pick them up and drop them off for visitation. She also claims she spends $50 a month on Christmas and birthdays, but has not bought the kids any gifts since we separated 5 years ago! Will thecourt let me dispute her expenses?
  3. Can my fiancee’s child from a previous relationship be considered in the calculations? My fiancee has never received child support from the dead-beat dad.

Thank you for your help!! You guys rock!


#6

You can have court schedules emailed to you.

See www1.aoc.state.nc.us/www/calendars/Civil.html

For those just beginning to look for a lawyer, you can use this information to help you find a good lawyer. With this and net Detective, you can contact clients of lawyers and ask them how they feel their lawyer is handling their case.

You can also contact clients of your STBX and ask them how they like their lawyer. Just tell them you are in the same situation and are looking for a good lawyer.

Phil


#7

I’m not sure, unless she has signed something saying that she would be responsible for paying child support for your children with your ex, that your fiancee’s finances would be a factor in this. I may be wrong on this but her income is not calculated into child support or alimony so there is no reason for her finance records to be subpeonaed.
Your fiancee’s child from a previous relationship would not factor into your child support case with your current STBX. Run through the child support calculator on the home page here and you can see what factor’s are involved. The only thing it asks about are children you are previously obligated to support.
As far as reasonable living expenses, here’s the 16 factors that apply to alimony:
(b) Amount and Duration. - The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term. In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:

(1) The marital misconduct of either of the spouses. Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation;

(2) The relative earnings and earning capacities of the spouses;

(3) The ages and the physical, mental, and emotional conditions of the spouses;

(4) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others;

(5) The duration of the marriage;

(6) The contribution by one spouse to the education, training, or increased earning power of the other spouse;

(7) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;

(8) The standard of living of the spouses established during the marriage;

(9) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs;

(10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;

(11) The property brought to the marriage by either spouse;

(12) The contribution of a spouse as homemaker;

(13) The relative needs of the spouses;

(14) The federal, State, and local tax ramifications of the alimony award;

(15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

(16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties" marital or divisible property.

Hope this helps too:
“If the court finds that the dependent spouse participated in an act of illicit sexual behavior, as defined in G.S. 50-16.1A(3)a., during the marriage and prior to or on the date of separation, the court shall not award alimony.”


#8

Dear Ron:

Greetings.

  1. You can obtain information for child support and alimony through a subpoena or other discovery documents. Subpoenas are online at nccourts.org under the AOC forms section. As a party, you will have to take it to the clerk to have it issued, but you can still get it done.

The court never asks for financial information itself. It is your job to prepare and present your case, not the court’s job.

  1. Reasonable is based on each individual’s standard of living. If she is a stay at home wife, that may be reasonable because she is running the children around and has a certain appearance that she maintains.

Gifts include not only the children, but their friends, her friends, etc. Yes, the court will let you dispute her expenses, within reason.

  1. Yes, the child from a previous relationship, if under 18, will be considered in the calculations.

Good luck. Let us know how it turns out.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#9

HELP! Alimony was ordered in my absence after failure to notify me of court date, now I’m stuck paying too much alimony. Her entire case was based on lie after lie, which I was never given a chance to prove. I cannot find anyone to help me file a motion for relief - last lawyer blasted me for not being there despite me not having notification. I cannot find any forms on th eNC courts website to do this. I am totally desperate and running out of time - PLEASE HELP!