Things hidden prior to divorce settlement


#1

Dear Gidget1952,

The answer to your question about your Husband concealing the property depends on what it says in your consent order or separation agreement. You stated you reached an agreement in the hallway of the courthouse, which leads me to believe you have a consent order.

If he did not pay the alimony as is says in the agreement he is technically in breach of the agreement. You could have an attorney file a motion in court regarding this breach, however you might pay the attorney more than the actual payment he owes you.

I hope this information is helpful.

Helena M. Toft
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

What I meant was the settlement was reached the day it was scheduled to be heard before the judge prior to him hearing it. His attorney hand wrote the settlement and both he and I signed it then the attorney’s had the judge to sign off on it. There was no seperation agreement this agreement was the only one ever signed by either of us. I suppose my question is, is he failed to disclose properties (businesses) or the fact there was a signed contract on one of our marital properties could and should it be contested knowing he cleared $40,000.00 profit on that property?

Thanks.

God Bless,
Glenda/Gidget


#3

Dear gidget1952:

Greetings. Our answer depends on the work performed by your attorney. Do you know if discovery (such as interrogatories or request for production of documents) were sent to your spouse. If so, he was under a continuing obligation to update his answers and the order may be set aside - BUT - you have only a limited time to set the order aside from learning of the fraud/lie he perpetrated.

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.


#4

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My ex and I divorced a year ago this month and our property settlement was determined and agreed upon in the hallway of the courthouse. My attorney and his did all the talking back and forth between us. I was convinced that my attorney was working in my best interest. He convinced me that one thing I should do was give my ex ALL the rental properties we owned as I could not afford to pay my half of the upkeep on them, especially one of them being the home we personally lived in for 10 years in another state. Due to us owning our own business for 18 years and working in them together and me having to go find a job going from $40,000.00 to $20,000.00 annually and him keeping all our business also it was true I couldn’t afford it. I found out that the house we lived in, he had a contract in place but not made known and he sold the house within 7 days of our settlement with a $40,000.00 profit on it alone. There would not have been upkeep for me to pay as it was under contract prior to our settlement. I only got $100,000.00 alimony over 7.5 years if I don’t remarry or coinhabitat with anyone. That is just the beginning, there were 2 other businesses he had started he hid from me. He was to pay me $1,000.00 monthly beginning 1/1/05. Out of the “kindness” of his heart, after court he started paying me in 2004. My decree states alimony to be $1,000.00 monthly beginning 1/1/05 until 7/1/12 or until $90,000.00 is paid. He did not pay me at all in Jan 05 and just sent me a check and marked it for 2/06. First of all can he do that or does he still have to pay $1,000.00 monthly regardless if he pre-paid prior to 1/1/05? Next can I not go back and question the sell of the property? We since the settlement are being audited by the IRS, personally not our businesses and the report from the IRS stated he made $329,000.00 in self employeed income in 2001 alone. This is no where close to what his attorney informed my attorney of. If I had known this amount I am not stupid enough to just settle for $100,000.00 especially provided I stay alone for the next 7.5 years. I paid my attorney and had to close out my savings to pay him and he now knows I have no “cash” on hand so I can’t even get him to call me back in regards to answering the ? regarding the pre-payments. Any help or advise will be greatly appreciated.[?]

God Bless,
Glenda/Gidget