Separation agreement


#1

Dear mom x 2,

The courts can uphold the agreement the two of you signed unless you committed some act of fraud or he was forced into signing the Agreement. I am not sure what your question is.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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 guess my question is How is it that he would not have to abide by this contract we both signed until a judge or jury which this attorney wants decides if the contract is valid or not… I mean in the mean time I just rob peter to pay paul because now he decides he can’t pay me the agreed amount? I think its funny how after 8 months of paying me w/ no argument and then it comes time for the buy out of our practice and now I supposely blackmailed him in to signing it what is that about…


#3

Dear mom x 2,

He is obligated to abide by the contract, but if he refuses to do so you will have to wait until you get into court for the judge to force him to follow this agreement.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#4

Helena,
Thank you for taking the time to write me back! Just to let you know I did e-mail and call your office when this all started but, I unfortunately didn’t get a response… I really would of like to of worked with your firm. I just got by paper work and apparently I am back in court on Feb. 19th. Apparently its now regarding child custody,child support,alimony and imagine this invalidity of agreement. I am really trying to think positive but, its kills me to think he could actually get out of something he agreed to . But, we’ll see I guess… Thank you again!! Any advice for me for the court room??? mom x 2


#5

Your lawyer should be able to prep you for your court appearance. If he/she does not, then you do not have a very good lawyer. Not too many take the time to prepare you. They will just tell you to meet them at the courthouse 30 minutes ahead of time and then tell you to just answer any questions you are asked. They don’t tell you that your about to encounter a character assination by the other lawyer! Be prepared for anything!

Phil


#6

Dear mom x 2,

I am not sure how your phone call and email managed to slip through the cracks, that is not our usual practice. I am sorry that happened. As far as the courtroom, your attorney will meet with you to prepare you for court, but the best piece of advise I can give you is to remember the judge could be watching you at any time so it is important to always maintain your composure. I wish you the best of luck.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#7

Helena,
Thank you for your information. However, let me ask you a question… My husband gets our children every other thursday 2 sleepover and 2 from school pickup and then he returns them to me at 6:00,. And, then he has them every other weekend pick up on friday after school and returns to me sunday at 6:00. I don’t understand with this little amount of time he has with them why? he feels he needs babysitters or do things he could do for himself when there not with him… Yesterday/thursday he picked them up from school and was to have them back to me at there school by 6:00 for cheerleading however, he always test the water he ened up bring them there at 6:15. And, after practice was ove my girls told me that he made them go to the gym so he could work out for a hour,then the bank, and last but not least he went through mcdonalds grabbed them some nuggets and drinks and then took them to the tanning bed and told them to wait in the truck and left it running and he’d be back well, they were flipping out but, they were told to stay … Well, when they told me that I was of course flipping out what kind of father always thinks about themselves so much that they put there daughters at risk! Well, if I were to say something they will have to suffer the consequences when they go over there friday… Well, long behold they came by and picked up there clothes for his house and proceeded to tell me that mommy daddy did it again we told him no but, he just said I will be right back my 9 year old said he was in ther for 20 minutes in his running truck in the parking lot… Is this not some form of neglect… I can’t say anything but, what if they were to get hurt another time… thanks…
mom x 2


#8

Dear mom x 2:

Greetings. No, your husband is not “neglecting” your children. You clearly do not agree with his sytle of parenting, but taking them to the gym and feeding them McDonalds is not abusive or neglectful. It is just his parenting style. Not amazingly effective, but not something you can control.

You can only control the time you have with the children, so I would advise that you focus on making that time quality (which I am sure you do) and stop focusing on what he is doing wrong. You cannot fix him and unless the children are physically harmed, it is unlikely that a judge will see the situation as direly as you see it. Good luck.

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

ROSEN.COM

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.


#9

Ms. Fritts,
I understand some of your remarks about not being able to control wha the does. However, are you telling me its okay for him to leave a 6 & 9 year old in the running truck while he goes into the tanning bed to tan for 15 or more minutes? Anything could happen during that time.
mom x 2


#10

Dear mom x 2:

Greetings. No, of course that is not appropriate, but if he is leaving them in mother places with care providers, then there is little that you can do as long as the care providers are appropriate. 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

ROSEN.COM

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.


#11
quote:
[i]Originally posted by Helena Nevicosi[/i]Dear Helena, Well I had my days in court and lets just say for the first time I know what it feels like to be failed by the system. It amazed me how the judge didn't take into account all of my husbands actions which could of led his own actions being looked upon as bad from the community in which we live. But, instead because I couldn't remember the exact words and dates stated in my deposition the day where I was calm and not under pressure to answer questions but, was prepared to answer those questions the judge questioned me how could I not remember certain things. And, because I do respect what he does for a living I couldn't say I'm sorry I don't have a photograhic memory. But, instead I continue to roll with his attorneys accusations. It was sad though not only to me but, all the people who new what him and the people whom work for him did wrong and they got off. People make mistakes everyday and they don't get to walk away from the responsiblities they agreed to .However, this day this judge allowed my husband to walk away from all his obligations he agreed to do and had done for 8 months with letters and witnesses it was disapointing that he put the agreement that my husband payed this attorney to do aside. Shocked is not enough for me of how I am feeling at this time.. Appealing it would make me feel better but, he has put me and my children in a financial situation I will be lucky to get out of... Thank you for this website and thank you for your anwers and your firms support for people like us needing these questions answered.. They need more firms such as yours. Thank you again... SAD momx2 [br]Dear mom x 2,

The courts can uphold the agreement the two of you signed unless you committed some act of fraud or he was forced into signing the Agreement. I am not sure what your question is.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.



#12

Not sure the question - if any

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

ROSEN.COM

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.


#13

As a stay at home mom for 8 years I have to say I have never been so disapointed in our legal systems. My husband and I entered into a separation agreement in may of 2005. He fulfilled this agreement for 8months until our buisness apprasial came back and he had to buy me out and because I didn’t agree with him buying me out until 14 years. I was basically told by our attorney who did the agreement that I would have to sue him for breech of contract… Well,… I have been trying to do this since january 2006. And, lets say I am shocked of what he has been able to get away with along with his attorney. How she ( his attorney) can decide what he should have to pay and what hes going to pay blows my mind. My x husband is putting me in such a financial burden right now since all this has happen I don’t know if I can ever get myself out… There apparently are no laws out there that states he has to abide by this contract signed by him and me because now he states he can’t afford it and that I blackmailed him in to signing it… I am so sick about the whole thing I am wondering am I the only one who has ever gone through something this extreme. I mean blackmail are you kidding me…
MOM X 2