Settlement Offer Ignored - What Now?


#1

Dear hmason:

What does your separation agreement include?

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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 obtained an absolute divorce about three weeks ago, but no issues of child custody, alimony, equitable distribution, etc. were settled beforehand.

I have offered a settlement, which is apparently being ignored. Instead, my ex-wife has informed me by voicemail that some or all of the contents of the house we co-own are being put into storage, I assume so that she can move out of state without having to take it with her.

I was told several times by her through voicemail and our daughter that she wanted to sell the house and only wanted the money from the house sale and child support, but no alimony, and have received a letter from her lawyer, through mine, asking whether I agree to the sale price contained in a current offer to purchase the house. I have reponded that I agree to the price as part of my overall settlement offer.

Questions:

Since my ex-wife was given possession of the house in our separation agreement, while I agreed to pay the mortgage, is she responsible for the maintenance of the house and contents (whether marital or my own property)? What happens to the property in storage? Can my ex-wife sell all or part of it?

Am I responsible for part/half of the cost of improvements to the house made by her if I was never consulted about them?

A divorced friend told me his house sat empty for over three years after his divorce. Is there anything I can do to try to get the house sold as soon as possible?

I have not been paying child support for our son, who turns 16 in August, just the mortgage and credit card payment, which my lawyer said I would eventually get half of if/when we finally settle. Is there anything more about this that I should know?

I have a complaint for divorce for bed and board which was to come to a hearing soon and in which all the elements of alimony, child support, and equitable distribution were included in her counterclaim, but which an attorney responding on this forum considers worthless at this point. Can I simply do nothing, asking my attorney not to request a court date, and continue to pay the mortgage indefinitely?

Should I bring another action for alienation of affection against my ex-wife’s lover, by whom she became pregnant, in addition to proving in my current complaint that she committed adultery? What could I gain from these actions?

I was advised here to request a custody hearing for my son, but if I’m not paying child support and am willing to allow my son to live apart from his mother with other relatives, as he has been, wouldn’t it be better to allow things to remain as they are until he turns 18, not having to give his mother money that she would likely only spend on herself? My settlement offer asks that my son be able to decide with whom he will live from year to year between school terms. If I knew he wanted to be with me, I might force the issue, but he never returns my calls, though he has returned calls from my other family members. I only know he doesn’t want to move out of state with his mother, according to my daughter, who is now 18 and who is not moving with her mother.