Spousal Support...Outrageous!


#1

Dear april_hunt74:

Greetings. He needs an attorney, and should never have went to the hearing without one. I assume it was a post separation support hearing? If so, he needs to move forward on the alimony hearing, set the wife up for deposition and hire an employability expert to assess her, as well as an expert on depression for treatment, etc. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

Believe it or not, he did have an attorney, Mr. Robert Jacobson of Lumberton, NC. He paid him 800.00 before he would even walk in the courtroom with him. We assumed that would be for the entire thing. But when he called Mr. Jacobson yesterday, he could not even get an answer out of him whether he can appeal or anything. I beleive that was a wasted 800.00 and now he does not have the money to hire another lawyer. Is there an appeal that he can file on his own? If so, how would he go about doing so? Also, the first payment of 265.00 is due Friday Aug.13th, and he does not have the money to pay it. What will happen if he does not pay it? Thanks so much!
April


#3

Dear april_hunt74:

Greetings. First, the appeal process is difficult and not something I will go into here. Your friend can get a copy of the rules for appeal from a law library.

Now, if your friend does not pay pursuant to the order, which the court believed that he could pay due to the evidence at trial, then your friend can be held in contempt.

Tell him to go and get one of the cars and sell it for funds to pay and not to pay on debts solely in her name, unless he is ordered to do so in the order. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

My friend had his court date yesterday. I’ll sum it all up first… He had an affair and told his wife, she did not want to try to work through it, she had also had more than one affair over the 29 year marriage. She worked the whole marriage up until 1998 when the factory she worked closed & she drew unemployment to the max. After it ran out she refused to work. She is a compulsive spender, in the last 5 years she accumulated 120,000.00 worth of debt. Credit cards in her name, some in his name, signing notes at the bank for her step-father 2 loans which he did not repay. She even had credit cards that he did not know about. They filed for debt consolidation in October 2003 paying 900.00 a month to the consolidation co. Then he finally had to file for chpt.13 bankruptcy in January 2004. They seperated in January 2004 also. When he filed for the bankruptcy, the consolidation became void & a refund check of 2700.00 was sent to the mailing address that they had shared. She forged his signature and cashed the check without his knowledge or approval. Also, in February 2004 she filed his 2003 income taxes without his knowledge or approval and again forged his signature and cashed the check. No money from either of those checks went to him. Then in May 2004 a check from his medical reimbursment went to her address and she did the same thing. When he left home in January 2004, he left her with a 1996 doublewide (completely paid for) and 3 vehicles which are all fairly newer models and completely paid for. She then refused to let him recover things that belonged to him personally, such as a grill, his computer, his clothes and family photos of his deceased parents & family. When he went to court yesterday they ordered him to keep her insured 76.00 per week, plus pay her 265.00 per week and keep paying the bankruptcy payments of 550.00 per month which comes up to 1914.00 per month. His wages per month after taxes is only 3600.00. He said she poured on the lies as to why she can’t work and that they hardly gave him the opportunity to speak without being interrupted. Do you think this is too much? Is there a way he can appeal? They told him he must pay the first payment on Friday 8-13-2004. He has been out of work for 7 weeks so far due to having a radical prostatectomy for prostate cancer, and he will be out for 2-3 more weeks. The short term disability check he has been drawin has been for 1400.00 every two weeks. He also has a place he is renting, bills, and has to pay his doctor almost 2000.00 for what ins. didn’t cover. Please help!!! What can be done??? This, beleive it or not IS the summed up version. Thank you…