Recover property and alimony


#1

I got married July 2005, by November 2005 he walked out on me and our 3 kids so we moved to GA to live with relatives. They helped me get on my feet. While living in GA I had an accident and my SUV was totaled. My husband was still living in NC and he purchased a car for me and drove it to GA and told me he would make the payment and not to worry about anything then he went back to NC. A few months later we decided to reconcile and make the marriage work and he moved to GA and got a Job an OTR truck driver. August 2006 we moved back to NC and moved in with his mother until we could find our own place. Within 2 weeks he jumped on me for stopping him from beating out 3 year old son. I call the police to file chargers but he left with my car before they got there. I file chargers anyway and his mother got mad and put me and the kids out with nowhere to go. We found a shelter and they helped me request spousal support, child support and recovery my car all was included in the court order. January 2007 we reconciled again and rented a house together during that time there was constant verbal abuse and he not coming home at night. In June 2008 we tried to trade the car in so I could get an SUV in my name only. I did not have a credit history and they would not take the car. So, he co-signed for the SUV and I let his mother borrow the car since her car was broken. He had a car, a truck and a motorcycle at that time. I was the cosigner on the loan for the motorcycle but he did not put my name on the title. September 2008 I found out he fathered a child during our honeymoon week and the woman was taking him to court for child support. We separated (for good) on January 17th of 2009. Before leaving he agreed to pay the money owed for the bills. In March he repaired his mother’s car and began driving my car. I request he give my car back and he just kept saying ok but never did. June of this year he purchased another truck and lent my car out to his nephew. I again told him I wanted my car back. He told me the car was in his name and the DV court order has expired. I demanded he give my car back repeatedly for 5 months. Finally he told me between his mother and nephew the car’s motor was now knocking and he put it in the shop. Since July of 2009 I have been asking for my car and when is he going to get it out of the shop. Since being laid off in June of 2009 I asked him to help me with my expenses until I could find a job. He would not help me financially until I began sleeping with him again. For the past 3 months he has helped me with paying rent. I recently found out the he gave my car to his baby’s momma and she was driving it. That ticked me off. I told him I was going to take him back to court because the sole purpose of him buying the car was for me and he had no right giving it to her. He told me no he was not going to give it back and then began to verbally abuse me.

Do I have grounds to take him back to court to recover the car based on a previous DV court order that has expired? Can I collect spousal support?
Do I need an attorney or can I go to the Clerk of the Court and request Pro Bono?


#2

The DV order has expired and is not longer in effect. You must file an action for Equitable Distribution of property in order to seek the return of the vehicle and for Post Separation Support and Alimony in order to obtain the financial support you need.

Most attorneys do not do this type of work on a Pro Bono basis and the court will not appoint attorneys in civil cases. I would suggest you set up a consultation with an attorney in your area to set up a plan of action. You may even be entitled to have the court award you attorney’s fees in seeking spousal support.