Suing


#1

[:)]this is coco, i meant to say that it is now May and he has not paid child support. he signed a letter saying he would pay 500.00 a month support, in order for me to be able to obtain my apartment when i moved out. The realtor would not rent to me unless he agreed to pay the support.

cocobrowngirl


#2

You can get CSE involved or file a claim for child support. That would retro back to the date of separation, especially if he signed a letter stating that he would pay and an amount.
I’m not sure if he could sue for half the check or not, I’m leaning towards not. I do know that if you owe back child support to the state they will keep your refund so it’s unlikely that it would be worth it for him to spend the money to sue…


#3

No, this is not an issue for small claims court, it would be an issue for equitable distribution.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]No, this is not an issue for small claims court, it would be an issue for equitable distribution.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


cocobrowngirl


#5

he has summons me to court. he has taken out a small claim against me for 950.00. do i have a chance of winning. If i do not go to court he will win, and it will go on my credit and i will have to pay him. I have to go to court at this point. court date June 5th

cocobrowngirl


#6

You should consult an attorney. It’s likely that this would be thrown out of small claims once the judge hears that you are still married. If you were divorced already then that may be a different scenario…yes you should show up to court. You should take the letter that he signed, separation agreement or other documents and including the income tax copies. Show the courts that you filed married separate and that it was your account that would be direct deposited…
Legally though I believe that since you are separated but filed married and therefore would have gotten the amount for a married couple, half of the money should be his.
Since he has determined to make things difficult by not paying the child support, I suggest that you take the letter that he signed to an attorney or CSE. What he owes you in back support far exceeds this amount…
What I would do is give him the money, let him drop the suit, and then have CSE take him to court for failure to pay what he agreed to pay in child support.


#7

I tried to settle out of court with him for half, but he wants 950.00 . he wants me to pay his filing fees. he has been unfair through this entire process. he cheated me out of 6000.00 for the house, and no child support. he claim 13 exemptions on his w4, he already has his half. I have to go to court now because he wants more.

cocobrowngirl


#8

You should show up at your small claims court date, tell the court that you are separating and need to deal with issues regarding your marital property. The action should be dismissed.

In the meantime, you should file an action for equitable distribution and ask the court to make a determination as to a equitable distribution of your marital estate.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

can my spouse sue me in small claims court for half of the incometax stimulus check. we are still married but seprated. the check was directed desposit into my account. he has not paid child support. he ask me to seprate in feb of 2008, it is now pay nad no child support

jacqueline cary