Re-open divorce


Dear mbergs49:

Greetings. First, based on the information that you have provided I have no real idea what is going on. If she is asking for alimony and never got it before, it is highly unlikely she will get it now. If your husband was ordered to pay a debt and did not, it is not reopening the divorce, but trying to enforce a prior court order or agreement.

Yes there are things that you can do to avoid court. #1 document and keep records of everything you pay #2 always pay guideline child support, which she can get regardless of what the separation agreement says on this issue, as child support can always be modified. #3 file a motion for sanctions against her. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.


my new husband is going back to court. His ex-wife is reopeing there divorce for maintance and she said he defaulted on student long for her which he did not! Do you think the courts will re-open the case? Is there anything we can do to stop her from taking us to court everytime we turn around on lies? Not to mention in the seperation agreement the opted out of the child standard act and agreed that he would pay 800. every two weeks not she wants to inforce the precetage. This all stems for his daughter moving in with us and we filed paper work to reduce the child support b/c she lives with us now. I am hoping the courts will see this is all retaliation

m. youmans