Post separation support violations and spiteful actions

Hello,

  1. Car Insurance and car payments - In my post separation support agreement, my spouse agreed to continue paying the car payments and insurance on the car that I’m driving, which is in his name. We had 2 cars,both in his name, we each kept one. Recently, as he traded in the car he had for a new sports car, Im assuming when he added it to the policy he realized the insurance through our company was more than he wants to pay. But he did not mention any of that , he just suddenly decided to pay off the balance on the car Im driving( so now he is no longer paying a car payment for me) and remove the comp and collision off of the car Im driving and it is a joint policy so Ive gone round and round reactivating the coverage and he immediately removes it again, but now he has threatened that he is sending the insurance company the proof that he is the owner of the car since he paid it off and he has the title now, and get me removed from the policy. Keep in mind that our 18 year old daughter is driving this car too, we are having to share it since he stole/took back the car which he previously gave her to keep. So if either of us has an accident we will not get anything from the car for repairs or replacement. This is extremely stressful for myself and our daughter knowing we dont have this coverage anymore as now there is only liability and uninsured motorist coverage on it
    Is he allowed to do this? Is he violating our agreement? Can the judge do anything about this when we go to court??

  2. Spousal Actions-
    Since he left and moved in with his paramour, which he got engaged to before the divorce and has recently married her 2 weeks after our divorce and her divorce from her husband, he has been doing several spiteful and malicious things.

  • He is Withholding and refusing to give me the new registration paper and sticker to the car myself and daughter are driving, so we r driving with expired sticker from March 2019.
  • He gave our daughter his car to keep permanently (so we assumed he would purchase another car for himself, and he was living with , working with and riding together with his paramour). Nine months later, right after I made $500 in repairs to the car so she could keep driving it safely, he came to our daughters school in the middle of the day while she was in class with no notice and secretly stole the car from her with all of her things in it and left her stranded thinking a stranger stole the car. After several failed attempts to get the car back from him, (the car is in his name) he traded it in for his new sports car, and has never returned all of our daughters items that were in the car including class notes and school items and he even refused to return her anxiety medication and told us he threw it away along with her other things.We have both email and text message proof that he gave her the car to keep permanently.
  • In our post separation agreement he agreed to pay/reimburse me for a portion of our daughters medical bills and he has not reimbursed or paid towards any of them at all.
  • In court when we signed our post separation agreement he told my lawyer he would help pay something towards an over due cell phone bill I had for myself and our daughter, but he lied and never did, and then when asked about it, he refused.
  • Since the separation the whole past year and even now, he will tell our daughter that he will do anything for her and provide her what ever she needs, but has never done a single thing to help or care for her since he left. She has asked him repeatedly for help with so many things that she has needed this past year including money towards clothes, school stuff and a car so she can drive to school and work and doctors appointments etc. He has 2 incomes now, his and paramours as they have been living together (and are married now) for almost a year and a half. He has been making large purchases with credit cards every month, like thousands of dollars worth and paying them right off.
  • He has a masters degree, he got his masters degree 2 weeks before he left me, and he is not putting it to use on purpose because he makes alot more money than I do, he has always been the “bread winner” and does not want to pay me more alimony when it gets decided and he is comfortable having her income to rely on too.
    ***Do you think there is anything I can do about these things when we go to court?
    I have presented all of these things as they have happened to my lawyer but aside from hundreds and thousands of dollar charges for emailing them about these things, they have not resolved any of these issues… I feel like its hopeless and I feel like pulling my hair out at this point.
    Any info would be greatly appreciated.

(1) Depending on how your agreement is worded, he may be in compliance if his only obligation is to provide auto insurance for the vehicle that was distributed to you and it does not mention that he is required to provide the same auto insurance. Either way, the information you have about him removing the additional insurance in order to support his sports car that he bought for his benefit only will be useful evidence to present at an alimony trial.

(2) This information will be useful at an alimony trial to show he is purposefully avoiding any support to you and to show his character. But until you can have a court date, it may be difficult to resolve anything without your ex-husband’s voluntary consent or voluntary willingness to negotiate.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Okay so that means my Lawyer dropped the ball by not putting it specifically as the same coverage in the papers and my ex is taking advantage of that.

  • Also, our house has recently had several leaks in the upstairs rooms and as I’m the one staying in the house right now ( have not been to mediation for eod yet) I filed a claim with our insurance company which is a joint policy on the house, and the insurance company has inspected and determined that due to wind damage and discontinued/ recalled shingles that the roof needs to be replaced. Together with an approved roofing company they agreed on an amount for the company to fix the roof right away before it gets worse. The insurance company has given me a down payment check so the roofing company can get started on the project, then they will send another when it is completed. The issue is that the insurance company had to issue the check in both of our names as we are joint policy holders. I’m sure I will have to fight in court to get him to sign the check so I can pay the roofing company, and I have explained this to the roofing company and they are still ready to start the project. And the insurance company wants it done ASAP before it gets worse also. As it is deemed verified necessary by the insurance company and an approved roofing company, Can I legally still go ahead and let them replace the roof?

It is typical to word an obligation for car insurance as simply providing “auto insurance.” It is not typical to list out the type and/or amount of coverage needed in the requirement to provide auto insurance.

It sounds like the roof repair is a necessary and urgent repair in which case, it is probably best to move forward with it, especially since you are the one living in the home. However, since your husband is a joint owner, he should be made aware of the nature of the repairs and the insurance company’s recommendation and insistence that it be repaired right away.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.