Property Question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear rockwell2g:

Greetings. 1. You can inform her that if she does not comply, that you will file a claim for breach of contract and ask the court to have the house listed for sale if she does not refinance the house as agreed upon.

  1. Yes, you can argue that she is voluntarily depressing her income if you make a motion to deviate from the child support guidelines. You may need an attorney to assist you with this though. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

2

I have two questions

  1. My wife and I are divorced however the seperation agreement states she must get the house refinanced 90 days after the divorce was final. I am haveing problem getting her to comply in a timely manner. what can I do???.
  2. My wife was making about the same amount as I was (30,000 a year) As the divorce was going through she quit her job and now works for mimium wage, we are now going through this child support Issue with her wanting more because of her Income…can she do this and force me to pay more?? even if they do the worksheet and put here income as munium wage that wont be fair…she should be charged the amount she is able to make can I aruge this issue? HELP!!!thanks