NC Divorce Forum http://www.rosen.com/forum/index.php A community for family law issues in North Carolina - moderated by Rosen Law Firm en-gb Copyright (c) 2009 NC Divorce Forum sdeutch@rosen.com (NC Divorce Forum) sdeutch@rosen.com (NC Divorce Forum) Thu, 20 Jun 2013 00:00:00 -0500 Thu, 20 Jun 2013 02:49:55 -0500 MSSTI RSS Feed 2.0 Version 1.2.1 - (C) 2008-2009 leviatan21 - http://www.mssti.com/ NC Divorce Forum http://www.rosen.com/forum/styles/prosilver/imageset/site_logo.gif http://www.rosen.com/forum/index.php 60 Legal Issues - ATTORNEYS WILL RESPOND | Medical Settlement http://www.rosen.com/forum/viewtopic.php?p=52644#p52644
My wife was over 40 years old and smoked. All the warnings of this product said women over 35 and ones who smoke were at high risk for blood clots and a array of other health problems. I mentioned this to her but she continued to take the birth control and smoked.

She ended up with a blood clot in her leg that almost killed her. Doctors said that the birth control "probably" played a major role in the blood clot.

She joined a class action suit that was suing Bayern. This process began while we were married. We covered all medical bills that insurance didn't. I even borrowed from my parents to cover the remaining bills.

My wife moved out 10 months ago, we are seeing a marriage therapist, we do not have a formal separation agreement, we do not even have an informal separation agreement. I still do not know if we are going to make it as a couple or not.

About 4 months ago she had me sign several forms from the attonerys handling the class action suit. My name was on the documents.

Last month the class action suit was settled and she received her settlement check minus attornery fees, insurance fees and other items. She called me and wanted to get together to discuss the spliting of the check.

She wanted to take care of some mutual debt and son's college dedit and split the remainder.

Now she has stated she has had second thoughts on the matter and now does not want to share any of it.

Does she have any legal obligation to split that check with me or was she just being generous at the time?

Do I have any claim to the settlement. I paid the medical bills and even borrowed to finish paying them and her health issue gravely affected the family, me included. She loss work and when she did return it was only part time until she was stronger. During those months we lived off of my income only and credit cards. I then had to borrowed from my parents to help us out with the credit cards.

I do not want what I am not entitled to but at the same time I was responsible during those times and took care of my wife and family and incurred debit directly related to her medical condition. Do I have any position at all?
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My wife was over 40 years old and smoked. All the warnings of this product said women over 35 and ones who smoke were at high risk for blood clots and a array of other health problems. I mentioned this to her but she continued to take the birth control and smoked.

She ended up with a blood clot in her leg that almost killed her. Doctors said that the birth control "probably" played a major role in the blood clot.

She joined a class action suit that was suing Bayern. This process began while we were married. We covered all medical bills that insurance didn't. I even borrowed from my parents to cover the remaining bills.

My wife moved out 10 months ago, we are seeing a marriage therapist, we do not have a formal separation agreement, we do not even have an informal separation agreement. I still do not know if we are going to make it as a couple or not.

About 4 months ago she had me sign several forms from the attonerys handling the class action suit. My name was on the documents.

Last month the class action suit was settled and she received her settlement check minus attornery fees, insurance fees and other items. She called me and wanted to get together to discuss the spliting of the check.

She wanted to take care of some mutual debt and son's college dedit and split the remainder.

Now she has stated she has had second thoughts on the matter and now does not want to share any of it.

Does she have any legal obligation to split that check with me or was she just being generous at the time?

Do I have any claim to the settlement. I paid the medical bills and even borrowed to finish paying them and her health issue gravely affected the family, me included. She loss work and when she did return it was only part time until she was stronger. During those months we lived off of my income only and credit cards. I then had to borrowed from my parents to help us out with the credit cards.

I do not want what I am not entitled to but at the same time I was responsible during those times and took care of my wife and family and incurred debit directly related to her medical condition. Do I have any position at all?
]]> http://www.rosen.com/forum/viewtopic.php?p=52644#p52644 Legal Issues - ATTORNEYS WILL RESPOND | Re: Use of recordings http://www.rosen.com/forum/viewtopic.php?p=52643#p52643 momagain2010 wrote:::Not a lawyer::

My question to the party if I were the judge or the other attorney/parent would be, where did the child get the idea????????? No one ever comes out with hands clean when the kids are helping sides.

Precisely. And as for authentication, that would be the couple hundred other recordings on the device, proving that it was theirs.
]]> momagain2010 wrote:::Not a lawyer::

My question to the party if I were the judge or the other attorney/parent would be, where did the child get the idea????????? No one ever comes out with hands clean when the kids are helping sides.

Precisely. And as for authentication, that would be the couple hundred other recordings on the device, proving that it was theirs.
]]> http://www.rosen.com/forum/viewtopic.php?p=52643#p52643 Legal Issues - ATTORNEYS WILL RESPOND | Husband Moving Out... questions. http://www.rosen.com/forum/viewtopic.php?p=52642#p52642
Is there anything I can file for now knowing I have an "upcoming hardship"? When Aug. 1 rolls around, I will be living strictly off my savings. If I file for child support on August 1, approximately how long will it take me to start receiving payments? Are they retrograde to the time he left?

Will I immediately qualify for any sort of government assistance until I get a job and start making money?

Once he leaves with the material items that he wants, is he "allowed" to come back for more since we will only be seperated and not divorced?

I know that he has a lawyer to "get things taken care of the right way." Frankly, I can't afford a lawyer AND afford to live until I get a job (and, even then, things will be tight for me). I know that he doesn't want to pay child support and I imagine that is why he's seeing the lawyer. I also know that he is obligated to pay since I will be the primary caretaker. Any advice in this area?

Thank you so much. This is such a wonderful resource.
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Is there anything I can file for now knowing I have an "upcoming hardship"? When Aug. 1 rolls around, I will be living strictly off my savings. If I file for child support on August 1, approximately how long will it take me to start receiving payments? Are they retrograde to the time he left?

Will I immediately qualify for any sort of government assistance until I get a job and start making money?

Once he leaves with the material items that he wants, is he "allowed" to come back for more since we will only be seperated and not divorced?

I know that he has a lawyer to "get things taken care of the right way." Frankly, I can't afford a lawyer AND afford to live until I get a job (and, even then, things will be tight for me). I know that he doesn't want to pay child support and I imagine that is why he's seeing the lawyer. I also know that he is obligated to pay since I will be the primary caretaker. Any advice in this area?

Thank you so much. This is such a wonderful resource.
]]> http://www.rosen.com/forum/viewtopic.php?p=52642#p52642 Legal Issues - ATTORNEYS WILL RESPOND | child support determination http://www.rosen.com/forum/viewtopic.php?p=52641#p52641 ]]>
]]> http://www.rosen.com/forum/viewtopic.php?p=52641#p52641 Legal Issues - ATTORNEYS WILL RESPOND | Mortgage/Equity http://www.rosen.com/forum/viewtopic.php?p=52640#p52640
I make a little bit more, but he paid the bills. He moved out at the end of the month and had not paid any bills.

I've been paying the mortgage and equity line since he moved out. That comes to 64% of my income. The equity line was irresponsibly handled and was used basically as a credit card secured by the home. Withdraws on the equity line were not used to improve the home.

I have tried to re-finance the house but I do not make enough on my own. I've tried to put the house on the market, but it is need of serious repair and the three real estate agents I have spoken to valued the home in "as in" condition and they wanted to put the house on the market for significantly less than what is owed. They cited the condition of the home and market.

What are my options and what is my husband's responsibilty to the mortgage and equilty line?

He rented himself an affordable apartment and hasnt paid a dime towards the home or equity line. If I moved out and got myself an affordable apartment as he did and didn't pay a dime towards the mortgage and equity line the house would go into foreclosure.

I do not know what to do and I'm going broke. All my savings and 401K are gone trying to stay afloat. I have worked hard over the years to mantain an excellent credit rating but I can not keep this up much longer.
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I make a little bit more, but he paid the bills. He moved out at the end of the month and had not paid any bills.

I've been paying the mortgage and equity line since he moved out. That comes to 64% of my income. The equity line was irresponsibly handled and was used basically as a credit card secured by the home. Withdraws on the equity line were not used to improve the home.

I have tried to re-finance the house but I do not make enough on my own. I've tried to put the house on the market, but it is need of serious repair and the three real estate agents I have spoken to valued the home in "as in" condition and they wanted to put the house on the market for significantly less than what is owed. They cited the condition of the home and market.

What are my options and what is my husband's responsibilty to the mortgage and equilty line?

He rented himself an affordable apartment and hasnt paid a dime towards the home or equity line. If I moved out and got myself an affordable apartment as he did and didn't pay a dime towards the mortgage and equity line the house would go into foreclosure.

I do not know what to do and I'm going broke. All my savings and 401K are gone trying to stay afloat. I have worked hard over the years to mantain an excellent credit rating but I can not keep this up much longer.
]]> http://www.rosen.com/forum/viewtopic.php?p=52640#p52640 Legal Issues - ATTORNEYS WILL RESPOND | Alimony and dependent spouse refusing to work http://www.rosen.com/forum/viewtopic.php?p=52639#p52639 could be earning be enforced in calculating child support and/or alimony obligations?
]]> could be earning be enforced in calculating child support and/or alimony obligations?
]]> http://www.rosen.com/forum/viewtopic.php?p=52639#p52639 Legal Issues - ATTORNEYS WILL RESPOND | could this be signifigant in a custody change? http://www.rosen.com/forum/viewtopic.php?p=52638#p52638 ]]>
]]> http://www.rosen.com/forum/viewtopic.php?p=52638#p52638 Legal Issues - ATTORNEYS WILL RESPOND | Re: Husband moved out http://www.rosen.com/forum/viewtopic.php?p=52637#p52637
Also -- it sounds like those assets (items in the house) are subject to equitable distribution. If you were married it's not HIS money or HER money, it's YOUR (together) money and the assets must be divided in an equitable way.
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Also -- it sounds like those assets (items in the house) are subject to equitable distribution. If you were married it's not HIS money or HER money, it's YOUR (together) money and the assets must be divided in an equitable way.
]]> http://www.rosen.com/forum/viewtopic.php?p=52637#p52637 Legal Issues - ATTORNEYS WILL RESPOND | Divorce from Bed and Board http://www.rosen.com/forum/viewtopic.php?p=52635#p52635
Thanks
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Thanks
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