Sepration Agreement

North Carolina Divorce Law Divorce and Separation Answers
#1

Yes it does seem shady, but not at all surprising.

First, do you have receipts for the money that you have been giving her to help her out? Seems like she is going for child support, and even though she may make more money it has a lot to do with how much time you spend with your child. In the separation papers that you received, was there any papers on child custody?

Seems like your case in falling through some cracks with a lack of communication. You may have to start calling people everyday until someone listens to you. In many cases you have to be persistent in order to get results.

Find out who your child

#2

You are entitled to 1/2 of the marital assets which means that if she took everything and moved, you are entitled for her to pay you for 1/2 the value of the items that she removed. You need to get in touch with your attorney and keep calling. Everything that is sent to you, turn over to him. Her attorney can request finacial information but it does sound as though she is trying to get child support. If she makes more than you then she is trying to show that you have means to pay her even if it’s just a small amount. Run the child support calculator and see what you come up with on that. She can be entitled to 1/2 your 401K. If you did not agree to her having custody then there should have been a court date for a custody hearing scheduled. That your attorney should be made aware of.
Keep record of all money you are giving her. Document everything that is said or done. Document how many visits you are getting with your child. Most importantly, you need to get your attorney to communicate with you on the situation and what the next step should be.

#3

It sounds like she filed a lawsuit and you were served with discovery. You need to take your papers and review them with an attorney as soon as possible.

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

I was served seperation papers and my first visit with my lawyer he marked through almost everything and told me to give it back to them and to tell them to redue it when they were not on crack. They never have done another one and i never signed the first one. Then she went and took almost everything from the house and moved. Nothing was split up together.

Then I was served with papers giving her temporay custody of our child. I did respond within the amount of time that I did not agree with it by letter noterized letter. Have not heard a thing. Its been almost 3 months. Now I get a request for my w2s, payroll stubs for jan 2007, bank account statements from from sept 2006- jan 2007, and my 401k info from oct 2006-dec 2006. She makes more money than me. Plus i have been giving her from 365-750 a month to help her out.
All this seems shady to me.