Rights and responsibilities

North Carolina Divorce Law Divorce and Separation Answers
1

Hi…have a few questions

  1. We met for mediation for ED and recessed without any resolution. Lawyers needed time to subpeona information from each of us. My lawyer was going to file for an interim order for him to pay a debt that was his but dumped on me (long story). My question is, it has been 5 weeks. Can you tell me what to expect as far as when this may go to court or what time frame this takes? Haven’t had response from my lawyer.

  2. I am receiving CS, with a temporary CS order in place. My ex lives in town. Am I responsible for all expenses (judge ordered 50/50 medical) such as clothes, school uniforms, and anything but medical? What is happening is that I sent lots of clothes so my child wouldn’t have to live out of a suitcase for every other long weekend. Particular things my son wants to wear that I send and the toys my child brings are not returned. I wanted my child to feel free to come back and forth and bring his stuff back and forth, but I am going to end up with nothing at my house.

  3. We have a vacation home. He pays expenses,as always has. But, as I said, ED has not been done. Do I still have rights to use this house, and if so, am I supposed to pay him anything (I didn’t when we were married, of course). Can he restrict me from going?

  4. I still have belongings in our marital residence (I moved out). Can I get them? I didn’t know what rights I had until property was settled.

Sorry so many questions!! Thank you.

2

If mediation was recessed without declaring an impasse the court will not set the matter for trial, as it appears you will be heading back to mediation to attempt to reach a resolution.

Child support is intended to cover all expenses when the child is with the receiving parent. If your ex refuses to cooperated and return the child’s belongings, I suggest you stop sending them and make him provide those items for your child.

You still have the right to use the vacation home.

You may collect your items from the home at such time as your ex agrees that you may collect them, if he refuses to cooperate with your requests, you may schedule a motion for interim distribution to seek an order of the court allowing you to do so.