Violation of settlement?

North Carolina Divorce Law Divorce and Separation Answers
1

Technically, you breached the agreement, unless the agreement specifically said you could stop paying when you weren’t working. Even if you breached, that does not excuse her breaching the Agreement. You could sue her for breach of contract, however, she would likely do the same thing. If you don’t have much alimony left to pay, it might best to just pay it off, rather than incurring needless attorney’s fees.

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

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.

2

My ex was awarded the house in the settlement(both our names were on it). She was given 3 years to attempt to re-finance for the house in her name, she could not. She now has to put the house up for sale in November accourding to the settlement.

I was ordered to pay alimony of 500.00 a month until November 06, I am currently paying back alimony because I was out of work for close to a year. She is refusing to put the house on the market until she recieves all her back alimony (which I’m paying monthly). She also paid off a small credit card that had both our names on it that I was supposed to pay off, it wasn’t for much but she sent emails saying she would take care of it and it wasn’t a problem. Now she also wants that money, and the back alimony before she puts the house up for sale.

Can she do this even though I have always paid, and am paying alimony when I had a job??