My husband stopped paying our joint bank account 6mo ago. I got a lawyer and sent him a separation agreement 5mo ago. My attorney has asked his attorney several times for a counter or to go to mediation, and they don’t respond or put him off in some way (like asking for more info). He lives in a different state, we have kids that he rarely visits, and I’ve been 100% financially dependent on him for our 15yr marriage. He’s sent just enough that would be the normal ordered child support with no alimony for the 6mo.
Advice on how to hurry this? My lawyer says we should do whatever it takes to keep from litigation, but then how do I get this done?
Is there a way to get some payments while waiting and is there a chance I won’t get any back-pay for these months he’s paying no spousal support?
If he is refusing to cooperate and voluntarily negotiate, then your only option is to file a lawsuit against him.
You can file claims for temporary and permanent child support, retroactive child support, postseparation support, alimony, temporary and permanent child custody, and equitable distribution.
You can backdate payment for postseparation support to the date a complaint is filed.
Filing a lawsuit against him will force him to deal with these issues.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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