Rule 60

North Carolina Divorce Law Divorce and Separation Answers
1

You will need to prepare an argument that summarizes the evidence you have that proves fraud. For example, you can say that after the date of the hearing you learn she falsified tax returns and deliberately mislead you as to her income. Before you go to court you should read some case law on what constitutes fraud.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780

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

We discussed this question on yesterday’s Live show at around the 17:45 mark.

radio.rosen.com/2008/07/31/nc-di … y-30-2008/

3

We filed for Rule 60 to amend a child support order entered in December 2007 with numerous errors which has lead to more than 54% of our disposable income being taken for child support. There is evidence of fraud on the ex-wife’s part, incorrect salary reporting and numerous other errors. When we went to court the judge informed us that this would not be an evidencury (sp) trial and we had 5 minutes to argue our case. We’ll without being able to show tax returns, canceled checks, unpaid medical, etc how were we to prove the order was entered incorrectly? Are you not required to show evidence to prove Rule 60 to have the order reviewed or show the fraud, negligence and errors made by clerk and judge? Please any assistance you can give will be greatly appreciated and time is of the essence. Thank you.