Too nice?


#1

Generally courts will not view payment of support as a negative, especially during the time of separation. Courts generally view this as a positive.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

A. We recently entered mediation (again) and my wife still refuses to leave the house. Both our names are on the title, but only mine on the loan. Bad idea, but… Legally, is it an acceptable arrangement for me to agree to pay the mortgage for 3 more years as a kind of “substitute” for child support + alimony if both parties are agreeable? After that time, she may be in the position to refinance the house in her own name and we can renegotiate child support. Is this a terrible idea? What kind of issues might I encounter?

B. Also, if she has a pending settlement for a car accident that occurred prior to separation, might I be entitled to a portion of that even if I received my own significantly smaller settlement for the same accident?

C. Finally, she is attempting to debate our date of separation. We subsequently went through counseling for several months, had several isolated incidents of sexual relations, and I spent the night at the house several times (primarily for holidays so we’d both be present for the kids in the morning). My intention was always to remain separated, though. She is attempting to set the date of separation almost 5 months back, around the time we stopped counseling. She can’t do that, can she?

Thank you!


#3

Dear illumin8me2:

Greetings. Before I give you answers, I would advise you to retain an attorney to ensure that all of your needs are met.

A. Yes, this may be a bad idea. First, she may be able to go to court, after the agreement, and get more funds. Also, you would not get the tax benefit of the alimony (and probably not the house either) if the language was not correct. Not to mention, all the other issues.

B. Yes, you are likely entitled to a large portion of this amount.

C. No, that is not likely, but each situation must be reviewed on the totality of the circumstances.

Thank you.

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

My wife and I separated at the beginning of this year. She refused to leave the family home, so I moved in with my parents. We have been splitting time with the two children 50/50. As she is enrolled in school full-time, she has not been employed so I have been covering all of the bills for both of us, including the mortgage, all utilities, car, daycare for both kids, food, etc, etc. According to your calculator, it seems like it would be reasonable to assume I should be paying her under $400/month, but all told I’m contributing 6 or 7 times that amount to maintain her household. Now, I’m a pretty nice person (arguably too nice) and I’ve been told that I’m crazy to do that much by several people I know, but my primary concern is whether or not being that “nice” will in fact hurt me later when/if the courts decide how much I should pay her…? Am I demonstrating too much willingness to help at the expense of my own situation, or do the courts consider generosity in the equation?

Thanks,
Michael