Things I have found out


#1

Dear adamstj50:

Greetings. First, I don’t know whether violating the SSCRA is a felony. Now, as far as the loan, I would suggest that you do the Rule 60 motion and when the divorce judgment is set aside, you file a claim for equitable distribution and ask the court to immediately have her pay for the loan and any/all past due fees on the same.

I have not read that NC ignores the SSCRA. What are you reading?

Finally, follow through on the child support, as that will not affect your divorce AS LONG AS you take immediate action (within the next week). Go to a firm that deals with divorce matters exclusively in the county where the action was filed. 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

Well this just got interesting… Talked with lawyer(thank you Rosen firm for a great referral and thank you Janet for your great advice) and heres the plan based on the evidence I had and the copy of the divorce paperwork with all the lies from my ex on there. I have an excellent case to have the divorce overturned. Which is what im going for with a side motion for a change to custody/visitation rights. I only hope her lawyer will see the wisdom of the side motion and not expose the ex to embarrasment or more by having to answer for all the lies she told the judge the first time when I wasnt there. I also found out that she is remarried so the little devil on my shoulder is telling me to get the old divorce overturned and a new one started. but that would bring undo emotional tramua to our daughter so I will just have to wait and see what the ex decides to do. Thank you Janet again for all your help and I will keep the forum posted on how it goes.

“Stay the course …and all storms can be weathered”

Troy J. Adams


#3

Dear adamstj50:

Great to hear that you went to speak with an attorney and they are going to help you. Make sure that in any negotiations you have with her that she pays the loan in full or that you get her obligation in an order, so that it can be immediately enforced should she continue not to pay. Best of luck and do keep us posted.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
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

Well after hours of online research I have found out a few things, In my view I have her on at least two counts of perjury.

  1. When she said she didnt know my whereabouts and had no contact with me. (pictures with date on back and e-mails with dates in storage)

  2. Under the soldiers and sailors act SSCRA 50 U.S.C. Sec. 520, she has to to tell the court that I am in the service. When an affiidavit shows I am in the service overseas and cannot be present no default actions can be taken unless a court appointed attorney is there to represent my SSCRA interests. Is a violation of united states codes a felony?

Also i was wondering if this is misrepersentation, as I have found out that she got a loan from the Army after she got the divorce, I found this out when they sent a collection letter to my father for $1800.00. What can i do about that? She got the loan while i was away for training and could not be there. Also at the time I had just returned from overseas and thought we were going through a working it out stage and had no knowledge that a divorce was even filed, she never even mentioned it to me in any communications.

I have been reading online where N.C. ignores the SSCRA, and does their own thing is that legal for a state to ignore US codes?

And now after she disappeared for awhile and I could not locate her, I get a child support notice of hearing. I want to supprt my child but I dont want to be taken because of it. If I do a voluntary dupport agreement will this potentially affect my request for a new divorce trial?

I know lot of questions and I am looking for a lawyer to represent me in this matter (after reading all the posts online there is no way im going in there by myself)