Time limit

Dear Aliljusticepls:

Greetings. Yes, he can see an attorney…immediately. His delay in protecting his own rights is his fault. He needs to immediately see an attorney, pay their fee, and move forward. He seems to be paying a ridiculous amount. There is no excuse for him not obtaining an attorney. If he says “they cost too much,” then let me say this…how much are you paying now? An attorney could have stopped this from happening and earned their fee by reducing his long term obligations. Now it will be an uphill battle to resolve, although it can be done, and he will pay more now than if he had hired an attorney in the first place. Please, please, please do not let him say he cannot afford it and get him into an attorney’s office TODAY. Let us know if we can help and best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

Ok, let’s say a marraige ends when a wife leaves for another man. There is no legal separation, but the husband travels for work, so they are physically separate. Wife informs husband that according to support guidelines and due to the fact that she was mainly a stay at home mother for most of the 15 years they were married, and therefore the dependent spouse, that he is obligated to allow her and the children to stay in the marital residence while he pays the $1400 per month mortgage, plus he must pay her $400.00 per week in child support, plus all medical and dental expenses for the children, plus the residence phone bills, pay for all the upkeep of the residence, all while wife does nothing to contribute to the financial responsibilities of the children, though she has received an inheritance, of undisclosed amount, which she uses for her personal expenses. And they remain “friends” until husband gets involved with someone (me), then the problems start. Husband then gets laid off and is unemployed for several months, and gets behind on everything, except what he pays to/for her. Wife constantly interfering in husbands new relationship, which causes a split. During the split, wife has convinced husband that she is trying to help him, and comes up with a budget…which of course keeps him paying the same to her, and barely scraping by on his own. ANYWAY…husbands new relationship is rekindled, so wife sees an attorney. Husband is served with papers containing 2 separate sets of terms, and meanwhile wife tells husband to choose which he would prefer, take your time, no mention that one of the sets has been filed and he has only 30 days to respond to it. Papers were served in January at work by a sheriff. Though there is constant communications from wife to both husband and girlfriend, not always nice, but nevertheless, she never mentions the papers…months pass and one afternoon wife calls husband and says the hearing had taken place that day, and she was awarded $2000 per month alimony plus $400 per week child support, blah, blah, blah…AND FINALLY, HERE IS MY QUESTION…I realize it was stupid on his part not to read the cover page of the papers he was served, and just going on what wife told him…but the court doesn’t have to notify him of the date and time of a hearing that decides his future??? The figures that wife used in any calculations were from before husband was laid off, he doesn’t make any where near that amount now, in fact, he makes about 4800 per month subtract 2000 for alimony 1720 for child support, plus possibly $1400 mortgage??? It’s an impossibility!!! Is there anything he can do???