Property issues/child custody


#1

I am assuming she is obligated to sign this documentation because of a previous court order. If that is correct you can file what is known as a “Motion and Order to Show Cause” and ask force her to come to court and explain why she has not followed the previous court order. You can request the court grant you relief in the form of ordering your former spouse to follow the order, pay damages, and possibly face jail time. She could be ordered to pay your attorney’s fees if you retained one to deal with this issue.

You can go back to court anytime to address the issue of custody, if you are being denied your custodial time then you certainly should go back to court and address this issue. You can be awarded attorney’s fees for a custody action, but it is not as common.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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 already found the form online for the Motion and Order to Show Cause for the financial issues, I wanted to know how I file the custody issues at the same time?

CDD


#3

You can file a separate show cause for the custody issues. If you are in a county that requires mandatory custody mediation, make sure you schedule mediation through the local custody mediation office prior to your hearing date.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#4

I saw a post from another lawfirm blog that said that my ex can’t be held in contempt for not complying with the terms of our separation agreement because it was a contract not an order. In the Judge’s order for our final decree, he incorporated the separation agreement, doesn’t that mean she is not in compliance with a court order? I was going to file a Motion and Order to Show Cause like you said but now I am confused? Also, I didn’t find a form on the NC website that is exactly what I need (they are more specific for child support, etc.) Can I simply modify it for what I need and file it?

CDD


#5

If your separation agreement was incorporated into a court order it becomes an order of the court and can be enforced using the contempt powers of the court.

If your financial issues is not child support you can simply modify the Motion and Order to Show cause that you found online and submit it to the court.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#6

My ex and I divorced in 2005. We had an order entered regarding the property split. Now she is refusing to finalize things by signing the appropriate documentation to split the property (ie 2 timeshares). She had previously stopped paying the maintenance fees and then started again and has now threatened to stop again because I asked her to pay me back for all the past maintenance fee (she used the timeshares but for some reason doesn’t think she has to pay the fees associated with them.) At any rate, because she doesn’t want to pay me back she cut off all contact with my daughter (changed her cell phone number, email address and told her school I am not allowed to contact her there.) We have been going back and forth about how to settle this for two months. I even reduced the amount she owes me but she still won’t finalize things. I am guessing my only option is going back to court and ask the Judge to finalize things. When I file the documents regarding the financial issues can I also include the child custody/visitation issues as well? She has threatened to terminate my parental rights (although I found out she can’t do that) or recind the adoption (I found out she can’t do that either). She is purposely underemployed as well so I have to pay more in child support. (By the way, I have never missed paying any of my child support.) If we go back to court and the Judge rules in my favor, can I ask for her to pay my court costs and if I have to hire an attorney, attorneys fees?

Thank you.

CDD