Perjury and ED


#1

Did you sign a Separation Agreement or a Consent Order? Did the document you signed indicate that each party has made a full and complete disclosure of the assets in their possession.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I have a question about ED (equitable distribution).
My ex and me had been separated for about three months. We were ordered to go to mediation. We went to mediation and I got screwed basically. She said there was no equity in the marital home, etc, etc.
We all know the story…
This was a little under a year ago and we have since been divorced.

Recently she has taken me back to court for custody and child support(NOT a DEADBEAT DAD by the way).

I had to request her last two years bank statements. When I got those statements I was FLOORED!!

I found that about three months after ED order was in place she had mysteriously come up with over $100,000 that she promptly opened personal and treasury CD’s with. knowing that she has/had no resources other than the marital home to come up with that kind of money seems quite suspicious.

She had asked me three months prior to sign some refinance papers for the house so that she could lower her payments so she could afford to pay her bills. I think she took a $139,000 distribution in equity from the home (keeping in mind that she stated that there was no equity in the home as we had a 25K home equity line).

did she perjure herself and spirit away the equity in the home to hide marital assetts for the purpose of avoiding splitting any equity in the home? We were married for almost 10 years and I contributed to the upkeep and payment on the home.

Can this be reopened if I can prove that she took out equity from the home without my knowledge or through trickery with the paperwork. Can she be “re-sued” for my share of the equity? It is my assumption, and only an assumption since I had a very B AD attorney, that all marital assetts had to be disclosed at the time of mediation or court proceedings. I am entitled to half of this equity. After listening to her complain to the courts in CS court that she has no money only to find that she has deposited more than 268K in her accounts over the last two years is really a ridiculous thought when she supposedly only makes 39K per year and has no other resources for this kind of money to simply APPEAR. after examining her bank records it has also been very obvious that she has been moving money around to willfully hide it. when I got her banks statements she crossed out account numbers for transfer transactions, etc. Would a judge look at this the way I do?

UGH! I am sick to my stomach over this - is there anything I can do to regain what is rightfully mine??