Rosen Law Firm - Forum

move to different county?

Mon, 12 May 2008 00:16:57 EST

I would like to know if a non-custodial parent can file for change of custody in their county of residence if there's already a permanent order from the custodial parent's county of residence in place. It's been a yr since the original order was signed by the judge. The custodial parent has decided that they don't want to play parent anymore and sent the child away to the non-custodial parent's home, telling unrelated third parties that the child is now the "other parent's problem". Also, custodial parent has stated to any others that will listen that they are planning on terminating their parental rights. Child has now been with non-custodial parent since beginning of month; the sooner paperwork can be done, the better. The original order took the court 4 YEARS to hear from the time of filing until the time of signing by the judge, as that court is so back-logged with cases.

sleeping arrangments

Sun, 11 May 2008 15:34:28 EST

My wifes exhusband lives with his boyfriend and he stays the night when the children are in his care, as well as when they go out of town. In her court order it states that you can't have anyone that you are involved with stay spending the knight when the children our in your care. Is this something that is worth presuing or would they just slap his wrist and tell him not to do it again? charles buie

Reply to : sleeping arrangments

Sun, 11 May 2008 16:51:06 EST

If she is in violation of the court order you can move to hold her in contempt. The punishment would be within the discretion of the judge. You should seek an opinion from an attorney in your county regarding possible punishments for this conduct. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Child Support

Sun, 11 May 2008 14:39:49 EST

How can a parent collect child support for two children that doesn't live with the parent collecting child support? The children reside in a different State than the parent.

Reply to : Child Support

Sun, 11 May 2008 16:49:34 EST

If child support was established when that parent had custody and they no longer have custody, then you can go back to court and ask the court to modify the child support. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Child Support

Sun, 11 May 2008 11:38:13 EST

One of the minor children have turned 18yrs old and is graduating from High School. My divorce papers state the child will drop off of the calcualtion for child support. HOW DO I GET THIS TO HAPPEN?

Reply to : Child Support

Sun, 11 May 2008 16:47:49 EST

Your agreement should give you the method for doing this, if it does not you should review your agreement with an attorney before deciding what to do. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

business owner

Fri, 09 May 2008 17:17:59 EST

Does anyone out there have experience with spouse having a business and keeping ALL information, money, everything from you. I am separated from a man that has NEVER included me on the details of our income. Never had any money in the bank, yet can pay cash for high dollar cars and whatever else he wanted. Yet I never knew where the $$ came from(wonder why we are divorcing). I need quidance of what to look for and any information would be helpful.

housing

Fri, 09 May 2008 17:14:10 EST

I have been given our house to live in. SBTX has rented a house. He has all of our money tied up in 2 businesses. I have a part time job, he runs business. Of course, he pays himself a VERY low paycheck. His child support is based on that. I don't receive much. He has been ordered to pay house pmt. I pay house bills. How long will I be able to live in house. It will most likely take a long time to sell. If I had to pay the pmt, I could not even come close, nor can I afford to rent a place. Will the courts take this into consideration, or will I be moving out since he is able to make the payment. I am hoping to keep this arrangement until it sells.

Reply to : housing

Fri, 09 May 2008 23:47:08 EST

Given the circumstances you described, you he will likely have an alimony obligation. You can use any alimony you receive towards the house payment. The court may allow you to stay in the house indefinitely if you wish to do so. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

child custody

Fri, 09 May 2008 12:51:38 EST

My husband has joint legal custody of his two children with his ex-wife, but the ex-wife has guardianship( they live with her) and in the custody agreement it states that medical expenses must be divided and paid by both parties. my husband's mother took one of the children to the doctor several times while the child was visiting and my husband paid the copays, We did not discuss the taking the child to the doctor beforehand with the mother. Now the mother states that she is not responsible for her half of the medical bills incurred because she was not informed beforehand. We feel that that is irrelvant because she does not discuss taking the children to the doctor with my husband beforehand yet demands that he pay half the medical expenses, which we do. She states that since she is the custodial parent that all things have to be discussed with her beforehand or she is not legally responsible. But to my understanding the father,who has joint legal custody, has just as much right to make medical decisions for the children as she does. I am I right? Is she legally responsible to pay half of the medical bill incurred when she did not initate the treatment? tammy benfield

Reply to : child custody

Fri, 09 May 2008 23:38:54 EST

If there is an agreement in place regarding child support, this should be answered by the language in the agreement. If the agreement does not require consent before obtaining treatment it is my opinion that she is on the hook for the expenses. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Future income?

Fri, 09 May 2008 02:59:29 EST

Hi If my separation agreement stipulates the amount I will receive of my soon to be ex husband's military retirement - which he is receiving right now and which I will get my share of the month following the signing of the agreement - should the child support I receive as soon as the agreement is signed be calculated with the retirement share as income for me, or do we need to recalculate the child support when I start receiving the retirement portion?

Reply to : Future income?

Fri, 09 May 2008 23:35:04 EST

Your agreement should cover this issue, however money you receive as a property settlement is not generally considered income. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Future income?

Fri, 09 May 2008 10:37:12 EST

Unless things have changed, I do not believe that child support must be included as income. I do not believe that it has to be taxed. I'm impressed that you would include it as income but by law I'm not sure that it has to be...maybe someone else has some different information on this. EDIT: If you are asking whether child support could be changed after you begin receiving retirement income then IMHO it should be. If the income that you will be receiving is 15% greater than what you receive now then it should be recalulated to be fair. It would take a lot of time a paperwork down the road to recalulate it afterwards...

spouse will not sign

Thu, 08 May 2008 18:13:32 EST

I HAVE BEEN SEPARATED OVER A YEAR NOW FROM MY SPOUSE AND I HAVE SENT SEPARATION PAPERS TO THEM AND THEY REFUSE TO SIGN. WHAT IS THE PROCESS FOR THAT IF THEY REFUSE TO SIGN THEM.

Reply to : spouse will not sign

Sun, 11 May 2008 16:46:26 EST

You can file for custody and/or child support at any time. You must file to Equitable Distribution and alimony before your divorce is final or you lose the right to bring those issues before the court. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : spouse will not sign

Sat, 10 May 2008 08:57:33 EST

quote:
[i]Originally posted by timeswastin[/i] [br]I HAVE BEEN SEPARATED OVER A YEAR NOW FROM MY SPOUSE AND I HAVE SENT SEPARATION PAPERS TO THEM AND THEY REFUSE TO SIGN. WHAT IS THE PROCESS FOR THAT IF THEY REFUSE TO SIGN THEM.

YES KIDS ARE INVOLVED AND VISITATION AND CHILDSUPPORT IS SET IN THE AGREEMENT ALONG WITH PROPERTY DISTRIBUTION. BUT THEY WILL NOT SAID THAT THEY ARE NOT SIGNING ANYTHING. DO I HAVE A CERTAIN TIME LIMIT TO WAIT BEFORE I FILE FOR A LITIGATION. mstrt

Reply to : spouse will not sign

Fri, 09 May 2008 23:27:44 EST

If they refuse to sign the separation agreement your next step would be to file litigation and ask the court to make an order regarding the division of your assets. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : spouse will not sign

Fri, 09 May 2008 10:03:50 EST

You can't make her sign separation papers. If you have been living apart from the home for over a year and 1 day, then you can file for divorce. She can't contest it. Now, if you have not made any provisions for Equitable Distribution, then you need to do that before you file for divorce. If you've been separated, and you have no problems with property division, asset or debt division, then the divorce will end you marriage. Your post was vague in that we dont' know if kids are involved, whether you're paying child support or spousal support. I would advise a lawyer consultation before filing anything. Just to be on the safe side.

Court needed? support amount change

Thu, 08 May 2008 08:59:55 EST

We have a few significant circumstances (more overnights/custody, increased child care costs, child aging out, decreased income) and have filed for modification of support. Currently support is automatically deducted from my husband's pay. He has already filed a motion to modify and been met w/ subpoena's to produce financial information (which he did) - still doesn't show the type of income his ex believes he has. Do we have to continue along this route to court? Can we try and settle w/ her out of court at a certain amount? If we do that how do we get the automatic withdrawal to end or change?

Reply to : Court needed? support amount change

Fri, 09 May 2008 23:25:27 EST

If they are able to agree on a modification they can do so via a consent order. Once a consent order is entered, the amount of the automatic withdrawal can be changed. If you want to know the proper amount of child support you can use the child support calculator available on our website. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Court needed? support amount change

Thu, 08 May 2008 16:04:51 EST

yes, I find out that they can go to Child Support offices and sign an agreement (if they can agree on amount) which will be sent to the judge and entered as a court document and then to the employer to change things. Just frustrating that she is making us (once again) have to go the expensive legal route.

Reply to : Court needed? support amount change

Thu, 08 May 2008 15:45:24 EST

Is the current automatic deduction through the state and/or court order or by agreement? If it is by agreement then I believe that you could agree with the ex to settle for an amount without going to court and however the employer was notified of the deduction to begin with could be used to change it. If this was through the state by agreement, then I believe that in order for the amount to change you would need to have the state send through a form to the employer. Maybe even ask the employer what they require to change this amount...it may be as simple as filling out a form. You know that a court order can only be changed by a judge...even if all parties agree a judge will still have to sign off on it.

when I can live in with someone

Wed, 07 May 2008 15:52:14 EST

Hi It was very difficult and long year since I have been separated. After my separation, I met someone and I going to move in with him. I filed for an absolut divorce and hoping to get it done by the next month. I have a situation and I don't know what to do and hoping may be someone can help me to resolve this. My appartment lease is over this month and I was going to move in with my boyfriend but he doesn't want me untill I swow him a divorce sertificate. Indeed, he is willing to pay my rent and more ten days extra for this reason, because I will get my divorce not at the end of this month but after. What I am trying to say that he doesn't want me moving in without a divirce sertificate. Does someone think that my boyfriend has grounds for to be afraid of my husbund suing him? . Thank you.[:(]

Reply to : when I can live in with someone

Fri, 09 May 2008 23:11:10 EST

Your Husband would not have grounds to sue your boyfriend soley based on the fact that the two of you moved in before you got divorced, however, there may be facts I am unaware of that may give rise to other legal issues. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : when I can live in with someone

Wed, 07 May 2008 16:03:39 EST

It's a possibility but doubtful at this point that anything could be done or said. Maybe it's just the fact that though you have separated and filed for divorce, he does not want to "live" with a married woman...

Where to begin

Wed, 07 May 2008 13:44:24 EST

I became aware that my husband was having an affair with his co-worker back in January 2007. I had to go back at least eight months to see where the affair actually started. He has never admitted to the affair and I could see where he was taking her out on dates and calling her for hours each day. He even went as far as getting a calling card to call her. In June of last year he left the home for about a month. During this time, I could see where he was staying all night long with her at different motels. This also showed up on his credit card bill. After being gone for that month, he stated that he wanted to come back home. At this time he still did not admit to having the affair. Once he moved back home he stated that everyone who needs to know about me coming home knows. Since he works with her, he still continues to talk to her almost everyday. He states that they are working on a project and that they have to deal with each other. I have asked that they do not talk to each other outside of the job, but it still continues. I have noticed that he now sends her a text message and then a few minutes later, a private call will come in on his cell phone. Outside of that we were doing great up until March of this year. We had an arguement and I brought up the woman's name. Once I did that, our relationship changed altogether. He then stated that he wants to separate, but he will not leave the home that we share with our five year old daughter because he doesn't want to be charged with abandonment. Want exactly constitues proof of adultery? Also what is alienation of affection? Last how does one receive alimony?

Reply to : Where to begin

Fri, 09 May 2008 23:08:43 EST

Generally to prove adultery you need to prove inclination and opportunity. Hotel bills, phone calls, emails, all of these things can be evidence of adultery. You will need evidence that this relationship occured before and after your first separation. When he left the first time and moved back in, it may be considered that you condoned the relationship prior to that however, however if the relationship continued it is not considered to be condoned and will have an effect on alimony. If you make more money than him and would have been the one to pay alimony, his conduct would bar him from receiving it. If he makes more money, it means that he will be liable for paying alimony. In order to receive alimony you and he would either have to reach an agreement for him to pay, or you would need to file a lawsuit and have alimony awarded to you by the courts. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Where to begin

Wed, 07 May 2008 15:43:14 EST

First, I would like to say that I'm sorry that you are going through this. I do not know that you would want to pursue alienation of affection. From what I have read it is expensive and difficult to prove. You must show that you had a viable marriage and that this person alienated your spouse's affections. This does not necessarily have to be a "lover". Adultery or criminal conversation is having sex with someone other than your spouse and though it is rarely prosecuted it is illegal in NC. This goes for even during separation, I believe unless express permission is given by the spouse. I'm not certain what the exact steps are for filing a claim for alimony. If either spouse makes more than the other, that spouse can file for alimony unless there is marital misconduct on the part of the filing spouse. Meaning that if you have an affair, you forfeit your right to alimony. I suggest that you get to an attorney as soon as you can. Gather as much information as you can, receipts, phone records, record a conversation between you two where you specifically ask if he's been unfaithful if necessary. Since he has not admitted to the affair your actions could not be considered condoning...condoning/forgiving would mean that you continued to have sex with him after having knowledge of the affair. Get a separation agreement drawn up. This will protect against abandonment. One party must leave the marital residence before separation can begin so it's useless to attempt to claim abandonment if your spouse leaves and is taking care of finacial and other obligations, such as child support. I have a friend in a similar situation. Her husband cheated on her but manipulated the situation so that it was her wanting to leave. She knew nothing about the affair until the week after she signed an agreement. I think she is going to attempt to have some of it reversed, he did not disclose all their finacial information, but I'm not sure that this will work...

Separation Agreement Effective Date

Wed, 07 May 2008 13:07:47 EST

Can my wife and I sign and notarizes a separation agreement today, and set the separation effective date in the agreement to 3 months from now while living together these 3 months. Please Advice

Reply to : Separation Agreement Effective Date

Fri, 09 May 2008 23:23:24 EST

Generally, you must separate within thirty days of the agreement will be invalidated. Even if you separate within thirty days there are some actions you can take during that period that will invalidate your agreement. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Separation Agreement Effective Date

Wed, 07 May 2008 15:54:22 EST

Then I suggest that you do not agree. Maybe I'm not seeing something, but I don't understand why she would demand to have a separation agreement if you are not going to be separated. The date of separation is the date that you would use for filing for divorce. You can not file for divorce until you have been separated one year and one day. Why stay together for the extra time if you KNOW you are separating...? It will just prolong the whole process...just seems like it would be easier to wait to have the agreement drawn up when you actually do separate... You do not have to have an agreement to be separated. It just normally settles things like child support/custody, ED and protects against abandonment claims. It took my husband 3 weeks to get his separation agreement signed but the date of separation was still the date that she moved out... EDIT: In addition to this, in the time between now and when the agreement would take place, some of the marital assets could change. That could be a positive or negative depending on how you look at it. Some things(car, home)could have more paid on, more money in the bank accounts, some things owed on could be gotten rid of, accounts jointly held could be closed. Everything depends on the date of separation.

Reply to : Separation Agreement Effective Date

Wed, 07 May 2008 15:06:55 EST

This is her condtion she demanded if she to sign the agreement.

Reply to : Separation Agreement Effective Date

Wed, 07 May 2008 15:03:43 EST

I don't know for sure if you can do this or not...but out of curiosity, why would you want to sign and legalize an agreement that will not take affect for so long? A lot can change in 3 months...

Child Support

Wed, 07 May 2008 10:28:32 EST

If after receiving child support for 10 years and I receive property and maybe a little cash as an inheritance, can that reflect or change the amount of child support that is being received?

Reply to : Child Support

Fri, 09 May 2008 23:04:34 EST

It will not affect child support unless those assets produce income for you. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Child Support

Wed, 07 May 2008 11:33:28 EST

I think that would depend on if the inheritance is continuous like a trust fund that pays out over a long period of time or a one time lump sum, but I do not believe that it can be considered income. There could always be an exception but it would probably have more to do with the amount and dispurtion of the funds. I could be wrong but I know that inheritance is not included in ED unless both you and the spouse are named as the recipients.

Reply to : Child Support

Wed, 07 May 2008 10:59:41 EST

Thanks for your feedback. You say 'not normally inheritance', does that mean there are times where inheritance can be included as income?

Reply to : Child Support

Wed, 07 May 2008 10:34:47 EST

If there has been a 15% change in income or significant lifestyle change then the child support can be refigured using the new income. That includes increase or decrease in income not normally inheritance.

disertion

Tue, 06 May 2008 17:30:20 EST

I have been separated for three years do to my husband diserted me can I still file my divorce paperwork on my own even thoough I have no idea where he is at the present time?

Reply to : disertion

Fri, 09 May 2008 23:02:31 EST

Yes you can. You will need to try and serve him at his last known address, but if that fails you can serve him via publication. Serving via publication involves posting a notice in the local newspaper. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : disertion

Wed, 07 May 2008 09:08:05 EST

Yes. You will have to attempt to find him to have him served...after a time (I'm not sure how long) you will have to use publication method. I believe some of the others may be able to give you more specific information on this. I know it can be done, but it takes longer than if you knew where he was.

Seperation Date

Tue, 06 May 2008 16:14:50 EST

I have a follow up question about the thread titled "Lied about separation date" I have been seperated a little over a year, but don't have records from the hotel I was a resident of until July of last year. Is it possible for my STBX to contest the seperation date if I can't prove I was out of the house?

Reply to : Seperation Date

Fri, 09 May 2008 23:26:36 EST

If your ex does not dispute the date of separation, your sworn statement that you separated on that date is sufficient for a divorce to be granted. The records will only be an issue if your separation date is contested. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Seperation Date

Thu, 08 May 2008 20:10:50 EST

I pulled up the broadcast from the Rosen radio broadcast from yesterday. Very informative and it addressed exactly what I was looking for.

Reply to : Seperation Date

Thu, 08 May 2008 10:30:35 EST

The friends that you stayed with could testify or give a deposition to the attorney about the date that you began staying with them. There is also the time frame that all the finacial switching was done, including the home. EDIT: This is all providing that the date is disputed. If you and your stbx both know the date that you separated, and hopefully you have kept record of this stuff, then there should be no question...

Reply to : Seperation Date

Thu, 08 May 2008 07:41:09 EST

I didn't physically move to the hotel until July. I stayed with friends prior to that. As far as utilities, all were changed to her name, all joint accounts were paid off and closed in exchange for me giving her the house and equity in it. I quit-claimed the house and she refinanced in her name only. I moved out of state for several months and that's when my address changed. I guess my question is, if based on the prior post about not being legally divorced due to seperation date being in question, can she come back after the divorce is final and tell the court it wasn't over a one year seperation?

Reply to : Seperation Date

Wed, 07 May 2008 09:04:15 EST

Would the hotel not be able to provide that information to you if you requested it for court purposes? Normally, when the date is in question, it is only a few weeks or months and is only due to unresolved issues. Did you have your name taken off the utilities at the home? Did you have your mailing address changed to a PO box? Do you have a friend, co-worker or family that helped you move? Any of this could be used to show date of separation...

Waive alimony

Tue, 06 May 2008 14:37:58 EST

In a separation agreement my wife agree to waive her rights to an alimony. but when the time comes after a year to do the divorce can she sue me and request alimony to be paid after the divorce. Thanks

Reply to : Waive alimony

Fri, 09 May 2008 22:58:49 EST

No, if the waiver of alimony in your agreement was sufficient she cannot bring a claim for alimony at any time in the future. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Waive alimony

Tue, 06 May 2008 16:09:36 EST

No. If she waived her right to alimony in a notarized signed separation agreement then she can not go back to file for it without taking the whole agreement back to court.

Sepration agreement limitation

Mon, 05 May 2008 12:13:40 EST

My wife and I signed a separation agreement 2 days ago, but she needs a month or two before she can move out. Can we stay together for these couple months until she is able to move. Does the separation agreement will stay valid. Also there were no condition in the separation agreement indicate that living together will void the agreement. What the statues of limitation on separation agreement. Thanks

Reply to : Sepration agreement limitation

Fri, 09 May 2008 22:56:16 EST

If you wait too long to separate after signing the agreement you may invalidate the agreement. Generally, you need to separate within thirty days of executing the document in order for it to remain in effect. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : Sepration agreement limitation

Mon, 05 May 2008 16:56:43 EST

Generally, the separation is valid as long as both parties sign. However, it doesn't become effective until one of you have moved out, so, I wouldn't date it until one moves out. Generally, if a spouse moves back in, then the separation has to start over as far as the date goes. You can use the same agreement as long as both parties are still in agreement.

Moving on

Mon, 05 May 2008 11:52:21 EST

If I bought furniture, washer/dryer, and fridge during our marriage but with personal injury settlement funds and funds from a 401k prior to marriage does he have any rights to these purchases? Also if I move out per my attorney's advice to get the separation started because he and his attorney will not respond to the separation papers we sent can he stop me from taking things from the home as well as our child? My attorney will file for custody when I leave. Tina

Reply to : Moving on

Fri, 09 May 2008 22:54:57 EST

If the funds from your personal injury settlement were for pain and suffering they are your separate property, if they were a reimbursement for past medical bills, lost wages or future lost wages, they may be marital in nature. I would need to know the exact nature of your settlement to answer your question. He may be able to physically stop you from removing these items from the home, but if you go to litigation they will be returned to you (provided they are actually separate). P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Mental Disease?

Mon, 05 May 2008 06:34:52 EST

My husband and I have been separated since Thanksgiving, when I moved out of the marital home. At the time he had two dogs, a cat and fish tanks and four small birds. We have two daughters (age 13 and 10) whom we share time with 50/50. Here our my concerns... he is a daily drinker of at least 9 beers/day, it's usually 12; secondly, since my moving out, he has acquired a whole menagerie of more pets... he's adopted two more dogs, two more cats, a guinea pig, a hamster, two lizards, a ball python snake, and a scorpion. When I have gone to the home to pick up the kids he has the kitchen sink piled high with dishes. The counters, and any other surface in the home are piled high with mail, clothing, clutter, etc. As to the dishes in the sink, when the girls go over there after being with me for a few days, the dishes are still there and he insists that they clean them up. I think that is unfair since they haven't been there for days, and these dishes are obviously not their mess, or if they are, he's been too lazy to load the dishwasher for 5 or more days...We do not have a separation agreement, and he is very angry and mean when we have any conversations at all. He acts more like a child than the children do. What to do? I'd like to limit his time with the kids, since he's verbally and emotional abusive (a real shame generator). The condition of the house is deplorable, with the stench of urine and feces stains on the carpet. My 10 year old daughter sleeps with him every night, since her room is such a mess she cannot sleep in there. I have been reluctant to pursue any legal avenues for decreasing his time with the kids because he's very mean to me when he feels like I'm threatening anything that he feels belongs to him. Secondly the kids love their dad and I'm afraid that my pushing for him to get help with his various mental health issues, while limiting the time with the kids will make them hate me... any advice you could provide would be great. Give me the strength to stand up for my kids. JoAnn (fraserjoann@yahoo.com)

Reply to : Mental Disease?

Fri, 09 May 2008 22:49:51 EST

This certainly sounds like a situation where legal intervention is going to be needed. You are walking on eggshells afraid to upset him, when the reality is no matter what you do, he is going to be upset at some point. You should stop worrying about him and start worrying about your girls. If they are in conditions that are unsafe, and living with someone who certainly appears to be an alcoholic who cannot provide for their needs, then the court can and will assist you in getting them out of this situation. Your first step should be a consultation with a lawyer. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

child support and non-guideline amounts

Sun, 04 May 2008 20:48:42 EST

I posted a question concerning what amount of child support would be reasonable if 400,000 was the amount someone made with the dependent spouse making approximately l8% or 72,000 per year including alimony. The question is.......if one spouse makes 400,000 a year and the other makes 72,000 what would be a reasonable amount set by a judge? How hard can that be to make a determination? Also, I asked based on the information given..........400,000 to 72,000 would it be considered "fair" for the dependent spouse to pay 50% of all cost for the minor child. Plain and simple. 400,000 to 72,000. In your best guess, what would you surmise?

Reply to : child support and non-guideline amounts

Fri, 09 May 2008 22:46:12 EST

I understand that it seems like a simple question to you, but unfortunately it is not. The purpose of this forum is to give opinions on legal questions, there are some areas that are too complex for me to simply give you an opinion and unfortunately, this is one of them. Your child support amount is not based on the guidelines, or some standard formula, which means I can't give you a ball park, because it depends on each individual case. Child support in your case will be determined based on the needs and expenses of your children, the standard of living you have traditionally provided them, and any special needs that they have. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

where to start

Sun, 04 May 2008 18:48:40 EST

my husband and I have a house and a car together. he is on drugs and i want out. how do i go about getting a divorce without losing the house to him or having to sell. we both work, i make more, the house is in both of our names, and so is the car, no children together. i just want out and to keep the house. any advice is appreciated

Reply to : where to start

Fri, 09 May 2008 23:00:37 EST

I would start by consulting with an attorney and getting some advise specific to your facts and situation. There is also some information available on our website regarding Equitable Distribution. The first step in getting a divorce is starting your separation and to do that, you actually need to live separate and apart. If he is willing to move out, that would resolve some of your issues. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : where to start

Wed, 07 May 2008 09:07:00 EST

First off, do not move out. Sorry to say that, but if you move out things will get more complicated with the house. Talk to an attorney. If you are in danger, talk to an attorney.

alienation of affection

Sun, 04 May 2008 16:11:01 EST

I was told that it is not worth suing the other person if they do not make alot of money( and what is alot). I was told it is too costly for the one suing in the end. Is this true and how do they determine how much they sue for. My stbx has a person on the side and she has a business that is probably quite a bit of cash flow. Not sure how they would figure out her income. Is it also based on her spouse and her income because that would change the income amt. greatly. Also, she is the one who told me about the affair and that is was going on while she was married. Thanks kim black

Reply to : alienation of affection

Fri, 09 May 2008 23:43:19 EST

I am not sure what your specific question is so I will try to give you some general information. Judgments in Alienation of Affections cases are all over the place, there are some instances where the person suing gets a million dollars and some instances where they get nothing, it depends not only on the assets the person sued has, but also on the type of conduct they engaged in, and the status of the marriage before this third party became involved. No matter what the facts are, these lawsuits are expensive if you hire an attorney to represent you. If this does not answer your question, please try to tell me more specifically what your question is. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit http://radio.rosen.com/live for details 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 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 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.

Reply to : alienation of affection

Fri, 09 May 2008 13:26:02 EST

kblack03 - In response to your two posts...I suggest that you take a long difficult look at your situation and decide if a lengthy legal route is what you would want to take. You said you want to make sure your children are taken care of and that you do not believe that their father will be responsible about this. If you have not already signed an agreement then maybe you should consider that an agreement/settlement could cover the children, a child support amount in excess of what the guidelines suggest, and alimony for you. If your ex has so much more income and assets than were available to you then it's going to be expected that he will be willing to hire an attorney for this woman. From what I've read on here, normal procedure is for your attorney to first send a letter stating that there is a desire to settle prior going to court an Alienation of Affection suit. Then, if the other party does not respond or is willing to pay an attorney to fight this, it would go to court where you would have to show that you had a viable marriage prior to this person's involvement, and that this person had direct influence on your spouse's affections for you in detail. Figuring what your attorney charges, and what you are likely to get from a settlement or from taking this to court, you may decide that you would do better to get your children's finacial security through their father instead of his girlfriend. I do not believe that her spouse's income would be in any way used in determining the amount unless she is still married. If she is also separated then the income would be hers alone. It would also be difficult to show her income or finacial assets if she is also going through a divorce because her situation is not finalized...this is where the attorneys can draw the process out. If her business is to be divide then what you would gain would have to be taken from her half and could not be determined until her equitable distribution is settled...

Reply to : alienation of affection

Fri, 09 May 2008 11:25:36 EST

I agree with Stepmother. My origial response post was actually directed at 'gotanswers'. It sounded as if her/his post needed to partially go to the Emotional Issue section. Although we all vent here, that post seemed to be directed to all the posters that have or are going through this and the tome was in a sort of smart-assed way. Don't take advise from someone who has been through it or is going through it? I think THAT is bad advice. We should not let our personal bitterness rub off on someone who is just looking for help and support or advice.

Reply to : alienation of affection

Fri, 09 May 2008 10:34:33 EST

I would have to agree that from what I've read, AofA and CC are expensive to pursue and difficult to prove also. This has been posted by multiple attorneys on here as well as people who have looked into pursuing it previously. From what I've read of kblack03 posts, it sounds as though she has gone through a very traumatic event in her life and is still angry and bitter. That's normal and expected. But suing someone who may eventually end up being part of your ex's or children's lives is not something to take lightly. The people giving the advice to think it through completely before deciding this seem to have her and her children's best interest in mind. It's consistently been a good way to waste time and money that could be better used for the children, starting your new life without the stb lousy ex, or taking a vacation with your children. I'll be interested in seeing what advise you give to any posters this forum. Most of us have been through this or are going through this and can tell you what makes a difference in court and what the courts don't care about. We can tell you what will you could expect to happen when your children get older and that in 6 months or a year, none of this stuff will matter unless YOU persist in making it matter. If YOU don't let go of the anger and resentment YOU are the one that loses. We can also tell you that the ONLY people that win in custody cases are the attorneys. The children ALWAYS lose which means that both parents always lose. In looking at the big picture, what kind of person do you want your children to see?

Reply to : alienation of affection

Fri, 09 May 2008 09:54:22 EST

Most of the answer for Kate HAS been answered by duplicate posts and not by just folks who may or may not be guilty of AoA or CC. A lawyer has answered those posts too. The point of the forum is to share experience, give advice as well as get the lawyer's reply. Persuing a case like this IS expensive. That advice I'm sure the lawyer will agree to. If one sues for vengence sake and they don't have the money to do so-they just want to sue because they're hurt and angry and want to 'get back' at the person, then I personally believe it is for the wrong reason and it isn't worth the emotional toil and financial expense. But the persuer has to make that decision and the recipient has to accept and deal with the legal aspects. That is what this forum is about-advice and sharing. You are new so I assume you've just been reading up or you have your own issue to post to the forum?

Reply to : alienation of affection

Fri, 09 May 2008 08:08:23 EST

Hi kblack03, I hope an attorney will answer your questions. I find it fascinating that certain people on the forum JUMP on posters like yourself when questions are asked regarding the charges of Alienation of Affection and/or Criminal Conversation. If you do a search back through posts, you will see where some of these advise givers have admitted either being guilty of these charges or being guilty of sleeping with and/or flirting with someone other than his/her spouse. Just be careful and consider the source when contemplating advise from someone on a web forum. Again, I hope an attorney answers your questions. Take Care and good luck. gotanswers

Reply to : alienation of affection

Thu, 08 May 2008 23:12:51 EST

quote:
[i]Originally posted by kblack03[/i] [br]I was told that it is not worth suing the other person if they do not make alot of money( and what is alot). I was told it is too costly for the one suing in the end. Is this true and how do they determine how much they sue for. My stbx has a person on the side and she has a business that is probably quite a bit of cash flow. Not sure how they would figure out her income. Is it also based on her spouse and her income because that would change the income amt. greatly. Also, she is the one who told me about the affair and that is was going on while she was married. Thanks kim black

Reply to : alienation of affection

Thu, 08 May 2008 17:31:10 EST

Then get your pocket book out.

Reply to : alienation of affection

Wed, 07 May 2008 21:31:16 EST

[quote][i]Originally posted by kblack03[/i] [br]I was told that it is not worth suing the other person if they do not make alot of money( and what is alot). I was told it is too costly for the one suing in the end. Is this true and how do they determine how much they sue for. My stbx has a person on the side and she has a business that is probably quite a bit of cash flow. Not sure how they would figure out her income. Is it also based on her spouse and her income because that would change the income amt. greatly. Also, she is the one who told me about the affair and that is was going on while she was married. Not sure what you mean by protecting assets. My spouse had TREMENDOUS hidden income and the list goes on. I would sue her for revenge,spite,etc, but more importantly, I would put the money into a college fund for my kids because THEY are the most important issue. I am absolutely sure their sorry father will not take care of college. He has above and beyond capabilities to, but he would not spite me...As if I am the one that has lived a double life. $$$ is far the most important thing to him and I hope it serves him well. I on the other hand, would like to make sure my kids are taken care of. Thanks

Reply to : alienation of affection

Wed, 07 May 2008 21:27:08 EST

quote:
[i]Originally posted by kblack03[/i] [br]I was told that it is not worth suing the other person if they do not make alot of money( and what is alot). I was told it is too costly for the one suing in the end. Is this true and how do they determine how much they sue for. My stbx has a person on the side and she has a business that is probably quite a bit of cash flow. Not sure how they would figure out her income. Is it also based on her spouse and her income because that would change the income amt. greatly. Also, she is the one who told me about the affair and that is was going on while she was married. Thanks kim black

Reply to : alienation of affection

Wed, 07 May 2008 09:14:45 EST

If you are suing for money it is not worth it. If you are suing for revenge it is not worth it. If you are suing to protect assets that are far in excess of what you could potentially get from a AofA lawsuit then it might be worth it. Ask your self what do you want from your stbx? Will an AofA help you get it? If you have everything via a sep agreement then it is not worth it. Just my opinion.

TPR

Sat, 03 May 2008 12:10:49 EST

In NC what are the laws in regard to a person adopting after a TPR? Can a grandfather adopt? Is there an age limit for a family memeber? Could a close friend of the family adopt? Is there an age limit for that? I know health issues can be a problem. Can age be a problem? I may have my ex give up his rights or have the courts take them (he is a convicted sex offender) and my grandfather is willing to become the 'father' on paper but he is in his 80's.. He gets around great, uses a walker off and on and has some arthritis and thats it... thanks for any help

child support non guideline amount

Fri, 02 May 2008 18:20:30 EST

Just for my information, what would be considered a reasonable amount of child support if someone made at least 400,000 per year and the dependant spouse's income was less than l8% of that amount? Also, would it be considered fair for the dependent spouse to have to pay 50% of all cost for the minor child in this case? Joint custody 50/50. Thanks.

Reply to : child support non guideline amount

Sat, 03 May 2008 21:42:51 EST

This would depend on many factors and is too complicated for me to answer on this forum. 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 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 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.