Clayton, NC asked in Divorce and Animal / Dog Law for North Carolina

Q: In the seperation/settlement agreement,can I include the expense of the dog care I'm providing?

I'm trying to settle with a seperation agreement and avoid court. 50/50 split debt and equity. No kids. Minimal assests. I'm refinancing and keeping the house. Paying out her equity. Close to equal income. She is planning on taking 5 dogs. I will be keeping 1 dog, 2 rabbits, 1 goat and 6 ducks. I have taken care of her 5 dogs since she left the property two month ago. She wants her dogs once she buys her house in 1.5 years after her lease expires.

Will the care for the animals hold up in court as a substitute for the alleged inequality in the net assests? Dog care for 5 dogs ×1 year is ~$56k if boarded. She is overvaluing the house and possessions she left behind. The ammount difference she is arguing is ~10k. I'd prefer not waste my time arguing the small items she wants to include in her financial valuation. I'd rather use the sum of the dog care as the compensation for the extra 10k she thinks she is owed. This seems more then fair on my part however is it lawful?

Thanks!!

Related Topics:
1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: What makes you think the Court would award a 50/50 split? As to the agreement - you can set it up virtually anyway you want. The trick is to get her to agree to it and sign it. Of course, if you are doing your own agreement odds are you should be more concerned about properly drafting it instead of trying to accurately calculate the value of dog care.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.