Non Compliance


#1

I finally obtained my divorce on 04-20-2015. My separation agreement (which was attached and included in the divorce decree) stated that we were separated on January 1, 2013 and that he was to pay $380 for the first four months of 2014. The agreement for 2013 was done via text and is in the transcripts from our phones. He did not pay what was agreed to for 2013, 2014 or the cost of the divorce (I acted pro se but the cost became inflated due to his actions). He physically avoided the necessary process for the divorce though both he and his (married at the time) girlfriend harassed me on a regular basis. I realize that I could have levied criminal charges at any point but was attempting to be free of a volatile and unhealthy relationship. I went to court prepared for “war” (his threat if I filed) with proof of violence, infidelity and drug abuse. He did not show up and it was over quickly. I continue to suffer repercussions and hardships due to this relationship. We were together for 18 years, married for 12 (pre-separation) and I spent 2 years in chaos attempting to obtain the divorce.

Can I sue for the funds owed and additional funds for punitive damages? Would I file this in small claims court? Can I also request to amend for alimony? He is working “under the table” which I have proof of and am willing to turn this company in for their constant abuse of tax laws. Any information would be greatly appreciated as I would like to move forward as quickly as possible. I feel that I was making it easy on him by not seeking alimony which could have easily ranged from 4-6 years. I now have to go before an appeals board due to a lack in grant funding that stemmed from leaving school amidst all of this. I continue to get hit with one thing after another and feel that I need to stand tall.


#2

I would also like to add that he continues to use my address. I have reported this to DMV and the Postmaster. I had to obtain a PO Box in order to secure my mail as I continued to catch him in my mailbox.


#3

I’m slightly confused by what document you have in place that sets forth the alimony award. You mentioned a separation agreement, but later say the agreement was made over text. If you actually have a separation agreement, and he has failed to abide by the terms, you can sue him for breach. If it is simply a series of text messages, this is unenforceable. A valid contract/separation agreement in NC requires writing, signature and notary. If you have a court order on alimony, you can file a motion for contempt.