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LegalAdviceAppreciated

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  1. My husband was asked by the mediator who just ruled on our case that my earnings ended when he left his current job. She asked:-- are you moving now (and therefore your wife's earnings will end) and he said, no, not now. She then assured me that I had alimony for several more years. Eleven days later he saw his first patient at his own medical practice in another state. So the practice was existing income stream in place before our agreement is signed. I will ask my question again. what are the ramifications of failure to disclose in North Carolina. As I stated, this was hidden the entire time.
  2. I'm sorry. I have ADHD and I feel that I'm not getting a specific part of my question answered and so I ask that one particular question and the surrounding details are the same. suggestions appreciated. Thank you. I don't mean to do that. it is a blind spot
  3. Our signed agreement at the time stated that: both parties reserve the right to request additional documents in the event there are any questions about the marital estate that arise during the drafting process and to adjust values and distributions as needed. My husband arbitrated that an "asset" in our agreement - CAW Associates- his c-corp that held any separate business entity 'now, in the future, with no terminating events." The arbitrators ruled that my earnings would terminate when he left his current job. Until then, I would get all income from any CAW entity or future CAW-like entity (a "consulting entity" existed at the time and since he was starting a new medical practice within two weeks after the ruling was made, a surgical entity also existed at the time. but he and his attorney did not disclose the new medical practice at the arbitration - (to my knowledge as I was not there) Also, His attorney and my husband did not reveal that he was in breach of giving us a 6 month notice that he planned to leave. My attorney mis-quoted me in her arbitration letter and stated that I believed that all his earnings should be his if he started a practice in Utah. this was a complete mis-quote. I realized that my attorney was told when she came on board that "it was already decided that my earnings ended when he left." I was not told this. A financial neutral, acting outside her role as financial neutral ran the show and dissolved the CAW entity without telling me. Is this legal? She was not part of the negotiations, so she acted in ignorance based on a mediation where she participated 17 months earlier. I believe she told my attorney what was so. So while I told my attorney in one ear what was so, she had the financial neutral telling her another. she told me that all involved said my earnings ended when he left his job. but I was told to get an attorney to finish the negotiations. In addition, in place at the time, was a signed and notarized agreement that said "all income from his medical practice would be deposited into a joint account and used fro my financial support." I had no end to my earnings. to keep anyone from seeing this, my husband and his attorney served me with divorce papers as a divorce would nullify the agreement. I requested they not do that. it was a bully move and that agreement said that he would respect my request. I had requested it stay in place until another one could be put into place. He hid the practice from the other state the entire time of all our negotiations
  4. What agreement? Our signed and notarized Separation agreement (divorce) Yes paraphrasing leaving his job - thus necessitating my alimony would end he just ignored his agreement to give me a 6 month notice I was served with divorce papers. My attorney had me file a counter claims for Equitable distribution and alimony. These claims were filed as satisfied after my agreement was signed and filed with the court, and my rights for equitable distribution were no longer protected Please tell me more about the "tort" I appreciate your help. thank you
  5. our agreement states that I was to receive a 6 month notice prior to his leaving. He not only dismissed this, he waited until my rights were dismissed to inform me he was leaving? Isn't this the equivalent of a crime in some way? He took away my rights. when i read through the General Statues of divorce and alimony, I do not have apostivie response to any of the stipulations based on his leaving now
  6. what does this mean 2018 North Carolina General Statutes Chapter 50 - Divorce and Alimony Article 1 - Divorce, Alimony, and Child Support, Generally. § 50-16.3A - Alimony. Universal Citation: NC Gen Stat § 50-16.3A (2018) 10. The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
  7. what are the rules and laws around failure to disclose in North Carolina? My husband lied about WHEN he planned to leave one medical practice and move to another state to start another. Does this fall in the failure to disclose area? How does one prove they have damages as a result of this? I am out $900,000. Does this constitute damage? What constitutes "damage?" My agreement states in the first page "Whereas (my husband) has made a “truthful, total and complete disclosure of assets, obligations, earnings and estate”. ...... If someone has NOT made a "truthful, total and complete disclosure of assets.... does it cancel what follows in the agreement? A distributive award was written into the agreement. But I put that this distributive award did not preclude me from receiving any other award. Are there any "legal" rules around a distributive award? Does it therefore obligate me to anything?
  8. In North Carolina, what is alimony pursuant to N.C.G.S.§50- 16.3A, etseq.
  9. Thank you He agreed in Our signed and notarized agreement to give me a 6 month notice that he was leaving Had he done that, the arbitrator AND meditator would have had that information when he arbitrated that my earnings of any kind from our joint asset -- his ability to earn - would end upon his leaving. Damages to me for his withhold of information- I got 2 years of alimony for a 35.5 year marriage He signed the final agreement that he made an honest account of his earnings and assets. He did not
  10. My husband said during the entire divorce process, "if I make money, you get half." During two mediations, He withheld his plans to move and start another medical practice in another state. He completely disregarding the 6 notice provision that required he inform me of his leaving, and arbitrated in a veil of deceit the provision that gave me his earnings (our asset) "now, in the future, with no terminating event." The arbitrator ruled that my earnings ended after he left his current job. Directly after the ruling he bragged to a friend he was moving. The mediator call him and asked him directly if he was leaving his current job now, "he said no." and I was assured I would have several more years of alimony. In the two months before signing our agreement, while working his local job and at the hidden medical practice he started in another state, he cheerfully responded to all requests from the financial neutral. Up until the day I signed, He made suggestions and provided edits to the chart we planned to use to track our shared income. When I learned that he had changed his mal-practice insurance policy from a group policy to an individual policy, my attorney spoke to his attorney and she added approved "slip pages" to our agreement. On the day I signed, he sent an email to communicate his local address where his mal-practice dividend should be sent upon full retirement. After I signed the agreement, he waited until my rights were dismissed, then left his job without any notice The receptionist at his medical practice in another state said he started work there 3 months before our papers were signed. He lied and said he started there "officially" September 1. What rights do I have? He is 66 years old
  11. What is the North Carolina Law regarding the impact on the supporting spouse if there is a case for sexual misconduct outside the marriage prior to divorce?
  12. I am in the state of North Carolina My husband arbitrated a provision in our 2017 MOU signed and notarized agreement that stated I would receive his income after he left his current employment. During the arbitration, he was in breech of the following notice provision *Our 2017 MOU signed and notarized agreement states that: a. At any time P. decides to terminate his employment with CNA and/or change the terms of his employment such that his “Income” from CNA decreases below 50% of his 2017 “Income” from CNA, then P. shall provide C.(me) with no less than a six (6) month notice of same, as her alimony income will therefore begin to decrease. P. shall provide this official notice in writing to C (me) simultaneously as soon as he provides it to CNA along with a copy of the official terms of his buyout by CNA including any information regarding payment from the key man life insurance, and/or the change in his employment terms. In the event P. continues working or receives additional income beyond the six months’ notice period, all such income shall be distributed according to the alimony provisions set out above. QUESTION: The arbitrators ruled June 2018 that I would not get his consulting income after he left his current employment. On October 3, 2018, we signed and notarized our physical separation agreement This had the following 6 month provision: J. Notice to C. of P's Termination of Employment from CPS and Receipt of Retirement Benefits: At any time P. decides to terminate his employment with CNA and/or change the terms of his employment such that his total combined gross salary and bonus income from CPS decreases below 50% of his 2017 total combined gross salary and bonus income from CNA then P shall cause to be provided to C no less than a six (6) months' notice of the change in his employment, as her alimony income will therefore begin to decrease and then terminate. P shall cause to be provided to C notice of his termination of employment {in writing) at the same time he provides it to CNA. P shall cause to be provided to C the official terms of his employment termination immediately upon receiving them, including information regarding buyouts, redemption of ownership interests, any retirement benefits to be received by him from CNA any information regarding payment(s) from the key man life insurance, and/or the change in his employment terms. AFTER he signs and I have dismissed my rights, he reported 6 weeks laterthat he started at his new (undisclosed) job September 1, but a recorded conversation with the front desk receptionist said he started July 30, 2018. According to our 2017 MOU signed and notarized notice provision, six months prior to July 30, 2018 would have been February 2018 --right when the arbitration discussion began. As a result, the arbitration of his income beyond his current job was done in a veil of deceit that he planned to stay employed at his current job. Because he was in breech of both notice provisions of the 2017 MOU signed and notarized agreement AND the October 3, 2018, we signed and notarized our physical separation agreement, does this nullify the June 2018 arbitration decision a. At any time P. decides to terminate his employment with CNA and/or change the terms of his employment such that his “Income” from CNA decreases below 50% of his 2017 “Income” from CNA, then P. shall provide C.(me) with no less than a six (6) month notice of same, as her alimony income will therefore begin to decrease. P. shall provide this official notice in writing to C (me) simultaneously as soon as he provides it to CNA along with a copy of the official terms of his buyout by CNA including any information regarding payment from the key man life insurance, and/or the change in his employment terms. In the event P. continues working or receives additional income beyond the six months’ notice period, all such income shall be distributed according to the alimony provisions set out above. Damages -- they award him his income when he left based on a lie he was staying 3 years. This was a $900,000 value to me The arbitration ruling was giving July, 2018. The mediator called P directly and asked if he was leaving his job. He said no. Not now
  13. Per our signed adn notarized agreement, we are required to arbitrated our case with an attorney and mediator who have followed the case the entire time. I think that everything I have I was eventually given. thank you for your responsed I'm thankful for a place to ask the hard questions I haven't dared ask. c
  14. I have an appointment to meet with a new attorney on Wednesday of next week to see if he can help me get what I am due. My husband has not given us any information for 3 years. He retired this week and will be leaving the state. up until 2017 -- just before we had our first mediation, I had a key to his apartment and would take my printer in and copy information. That is the only reason I have ANY information at all. What are the ramifications of my telling the new attorney I had a key to his apartment and entered without his knowing C
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