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LegalAdviceAppreciated

failure to disclose/ damages due

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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?

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Please don't keep starting new threads about the same topic that is the subject of existing threads.

 

That said, as a general matter, no one has an obligation to disclose future plans unless specifically asked.

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15 hours ago, LegalAdviceAppreciated said:

"Whereas (my husband) has  made

Obviously refers to something that happened in the past.  It refers only to the disclosure of assets that existed at the time of the statement.  If I understand your prior posts, your claim is on some future income stream.  That is not, an assets that existed at the time of the statement.

 

I concur that you have posted the same question three or four times now.  Stop opening new threads with the same issues.

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On 6/27/2019 at 12:42 PM, pg1067 said:

 

 

On 6/27/2019 at 12:42 PM, pg1067 said:

That said, as a general matter, no one has an obligation to disclose future plans unless specifically asked.

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

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On 6/27/2019 at 12:42 PM, pg1067 said:

That said, as a general matter, no one has an obligation to disclose future plans unless specifically asked.

     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.

 

On 6/27/2019 at 1:24 PM, RetiredinVA said:

prior posts, your claim is on some future income stream

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