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Recent Separation Agreement questions

I have a valid unincorporated separation agreement. For a

I have a valid unincorporated separation agreement. For a year My exhusband followed the terms of the agreement. Then a year ago he stopped paying anything agreed to in the separation agreement. My suit for violation of the contract and that is still ongoing. He is trying to have the SA over turned. In the mean time he is not contributing to any of the expenxes for our children. Is there an action I can file to get him to pay while we are in litigationJA: Because family law varies from place to place, can you tell me what state this is in?Customer: Orange county North CarolinaJA: Have you talked to a lawyer yet?Customer: Yes, but not about this issueJA: Anything else you want the lawyer to know before I connect you?Customer: No

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LawTalk

Attorney at Law

Juris Doctor

35,220 satisfied customers
I am reading through a proposed parenting and visitation

I am reading through a proposed parenting and visitation settlement so I probably will have questions. Shouldn't children under 21 be listed and included as unemancipated children? If they are in college, will their not being included in this list prevent the determination of child support for their tuition?

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jb156200

Associate Attorney

Doctoral Degree

336 satisfied customers
My question had evolved a bit, so I'm starting a new one for

My question had evolved a bit, so I'm starting a new one for clarification. The "separation agreement" information you linked to might work for us. Can you clarify please, at the top you said he only needs to be "served" for a divorce and then you included information regarding "separation agreements". So are you saying he does not need to be served if we do a separation agreement, but it is legally binding? Are separation agreements in lieu of divorce or separate maintainence? It was a bit confusing later when you gave instructions for serving for "separate maintenance". So, am I right in concluding that both divorce and separate maintenance require "serving" and a case will be opened up with the courts, but doing a separation agreement by our selves (or through private mediation) does not require "serving" him and does not involve the courts? Thanks for the clarification.

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Attorney2

Doctoral Degree

7,888 satisfied customers
My ex and I mutually agreed on a divorce and were able to

My ex and I mutually agreed on a divorce and were able to agree on a division of property agreement so we used a divorce process writer and never involved attorneys. In the divorce decree it states my ex is to refinance the house in his name alone or it would have to go on the market. Long story short, he wasn't able to refinance and we would lose too much money if we placed it on the market so we made a side agreement among each other that did not follow the filed divorce decree. Our side agreement involved me refinancing in my name with my VA loan; however, we would each stay equally responsible for the house until we could place it on the market. We wrote the new agreement on paper and we each signed it but never filed it as a modification, amendment or deviation of the original divorce decree. We just treated it as a separate agreement we both adhered to. For years, while my ex remained living in the house, there was no issue. No he has moved and is refusing to adhere to the agreement we signed. I filed to sue for his portion of the house costs (according to our written agreement); however, his lawyer has petitioned for a dismissal of this case from civil and says it is in the wrong court because its directly linked to our initial divorce case. Does this sound right? Do I have any argument against this?

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mmdesq

Attorney

Doctoral Degree

1,046 satisfied customers
NC child support question. About 5 years ago I divorced my

NC child support question. About 5 years ago I divorced my wife whom I had 2 kids and 1 stepchild (oldest). The stepchild is 18 and still in high school. he has been kicked out by his mother twice since 16 and came to live with me both times (she just dropped him off without asking). The last time he came he stayed with me until he was 18, but he repeatedly couldn't follow house rules and was a bad example for our other younger kids so I kicked him out so he could learn the hard way on his own. Well that didnt work very well as he played the part of a victim and moved in with a friend and also reconnected with his mother for financial support. she is now reaching out to me to pay a share of his living expenses, car repairs, dental work (which insurance claims is an accessory and not mandatory and wont cover), and college. Other than normal living expenses, she never asked me and just paid them. Besides that he is not my biological child and our separation agreement does not state I agree to pay for him specifically (just for custody purposes they should all stay together for visitation and information sharing). However, since we got divorced he was included in the NC child support calc and I have been paying a share of medical, school, and sports fees. Have I set precedence by doing this and now liable for all or some of the expenses listed above? His biological father lives in new york and hasn't paid a dime for the last 15 years. she recently contacted a lawyer to draft a letter to me about all this. it seemed less demanding than I would have expected so I was wondering if it was more of a scare letter to get me to pay since she doesn't have much ground? Also, I have not responded to her requests for me to pay for him for a month or so, which may have also sparked the lawyer letter. By not responding am I setting myself up for paying? Lots of info and questions, so hopefully someone can hit all the points! Thanks

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Lucy, Esq.

Juris Doctor

32,018 satisfied customers
I was doing a Dissolution of Marriage in Lorain Ohio i was

Hi my name is***** was doing a Dissolution of Marriage in Lorain Ohio i was only married for 2 months before filling the husband was agreeing on everything but once filled he moved out of state I have the addresses but not Apartment number and now is saying he is not coming to the court date on January 12th 2016 I was told by magistrate it was only 3 more pieces of paperwork to file being the complaint of Divorce but he said to wait after the court date if he don't show up then file but i want this done as fast as possible when would be the time to file and where to get the documents needed i had the first steps all done for me and paid for it but i can not afford to pay much more i only get SSI income ********* or ************* im not sure how this answer thing works thank you for your time

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Sue

Juris Doctorate

64 satisfied customers
My husband is proceeding to go to divorce after our

My husband is proceeding to go to divorce after our separation has been over six months. Since he is a lawyer he prepared the necessary papers to sign and I was surprised to see me named as the defendant, although I initially wanted the divorce. Does it make any difference as to who is named what at this point?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: I'm in New York State.JA: Has anything been filed or reported?Customer: We have signed the separation agreement (1 and a half years ago) having worked with an arbitrator, but nothing has been signed, filed or reported since.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Lucy, Esq.

Juris Doctor

32,018 satisfied customers
I have joint legal custody he with my wife we are in the

I have joint legal custody he with my wife we are in the middle of a divorce I talked to a babysitter tonight that pick my son up from school she said that she was going to drive my son up tomorrow to meet my soon to be ex-wife in Anaheim can she do this and can she have my son taken out of San Diego County without written permission

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FamilyLaw-Expert

Senior Counsel

Doctoral Degree

3,662 satisfied customers
I have gotten my uncontested papers from a lawyer and taken

I have gotten my uncontested papers from a lawyer and taken to my wife who said would sign. after delivering them she said she needed her lawyer to look. I said ok. a week later she hasn't been and is now refusing to sign. what are my options to resolve this quickly as we have not been together in over a year.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,618 satisfied customers
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