Seperation Agreement and Child Custody


#1

Also I forgot to add, I was told by a friend that I could “petition the courts” that he pays all my legal fees because of the adultry charges… Is that true? Then i could afford a lawyer! :wink:

head in a tizzy
Ms. Crystal


#2

Dear Leighasmom:

Greetings. You must respond to the complaint on or before February 10, 2007 by answering the same. To change the child custody and child support, you need to answer with claims for the same. Adultery is not a basis for divorce in NC. 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.


#3

Claims for the same. I’m so confused. I paid a 250$ fee to speak with an attorny here in Jville… They told me that I could potentially go through Child Support Enforcement Agency once the divorce is final and that I wouldnt need an attorney for that. I think I’m going to go to the Clerk of Court on Monday and see if they can shed anymore light on my situation. I really am not sure what to do.

head in a tizzy
Ms. Crystal


#4

Dear Leighasmom:

Greetings. You must answer the complaint filed against you in a timely manner. I would suggest that you do so as soon as possible. You can also go to the Child Support Enforcement Agency for assistance, but you still have other issues that must be addressed.

You may be able to pay your legal fees out of the marital property. Many people have to take out loans for legal fees and pay them after the house sells, etc. 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.


#5

Hi, I’m new here. I was served my civil summons by my STBX on Jan 11th. I have no idea what to do with it… The thing is, we dont have any property to divide, or share bills, as we did all this in our seperation agreement already. My concern is that my STBX has not held up his part of the agreement. My agreement states that we have joint custody, where he is to pick her up every 1st and 3rd weekend of the month. He has not picked her up once since we signed the agreement over 11 months ago. In turn because the way we drafted the agreement he is to pay 300$ a month in child support, however being that at the end of the day I’ve acted as primary custodian, state law would require a min. payment of 609$ for child support. (he is a marine so I was able to use the nc child support calculator to do this, since he has not had her overnight at all). Now I have this civil summons which has a copy of our seperation agreement attached. How do I go about getting the custody and child support amount changed? I dont really have money for an attorney and have been told since we have no assets to divide, I should be able to represent myself. Also I wanted to include the reason for divorce was adultry which he was charged with in the Marine Corps, and penalized for. So I do have documented adultery charges against him through the marine corps, does this help me?
Soo Lost…

head in a tizzy
Ms. Crystal