My Dad


#1

An attorney can request ANYTHING in a separation agreement no matter how outrageous or unfair. If he SIGNS it, he’s bound to it. YES he needs a good lawyer and he needs one now. 401K contributions-I don’t believe-matters in the income. It is gross income. If she is the dependent spouse (she make less than him or doesn’t work) then yes, she can request alimony and may get it.

In North Carolina, each party is due 1/2 marital asset and 1/2 marital debt regardless of status as part of equitable distribution. These items are negotiable in agreements though. If she is having an affair, and it can be PROVEN, then she is not eligible for alimony.

Tell him to get a good lawyer. They may investigate her for adultry (private investigator). Yes, it will be expensive, but he can’t afford not to do it. If she is moving on with another person, then so be it, but he doesnt’ have to pay her to do it.


#2

Dear hopespringsanew:

Greetings. First, if she is cheating then she gets no alimony. He should retain a private investigator. The pictures of her car in the driveway is good evidence, but not great and in my opinion is not dispositive.

No, if your father makes more money, then he cannot get alimony.

Desertion is not a claim in NC. Abandonment is an issue for alimony.

Remember that if you do not plead for everything you may be entitled to under the law, you lose the right to request it later, so she would have to put it in her complaint. Thank you.

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.


#3

I am a paralegal in Virginia while my dad lives in Wilkes County, NC. I know VA law but not NC so I am at a loss to help him. His wife left him on Christmas Eve 2006. [}:)] He just recieved a Civil Summons from her attorney Gilespie in Elkin, NC requesting alimony, but he just switched jobs and grosses $150 more a week more than her while net less than her due to 401k and Insurance. Along with alimony she seeks Insurance, him liable for all the home bills, half the property which has both names on the deed but only his on the martial home. Right now he’s barely paying bills and doesn’t even have enough left over for groceries. He needs a good lawyer that will help him before he loses everything he owns. She also is sueing for mental abuse, which isn’t that like VERY hard to prove down to petty stuff like he wouldn’t let her drive his car. Is desertion something hard to prove in NC? Can a picture of both vehicles in her new boyfriend’s driveway equal adultery enough to give him some leverage? Can she pay him alimony?