Q: I have a TRO hearing to freeze assets for supporting spouse. What do I need to do to prepare. What will be Court costs.
I have filed a complaint for temporary SS and alimony. I am the dependent spouse. Working hourly part time. And still staying in the marital home. Supporting spouse just got laid of and I suspect he is still in US, address unknown, though claims he is out of the country to live with family who is supporting him because he is laid off. He has said many times that he wants to be a digital nomad and move to Panama so I filed fearing he will liquidate retirement investments before divorce decree granted. He has indicated a willing to negotiate but has intimated me into settling at a much lower alimony lump sum from his retirement accounts, which I don’t trust he will honor as he keeps changing his mind. He knows I want to avoid a long a lengthy and expensive court case that I cannot afford and I know he cannot as well as there is no cash reserves but just retirement 401k snd IRA snd Home in the AD. He is an IT engineer for the last 20 years so has the potential to get another job.
A: In NC if there is an existing action a filing fee for a Motion in the Cause is $20. If you need a Temporary Restraining Order to protect marital assets make sure that at the time it is filed a hearing is scheduled to occur within 10 days of the filing of the Order. Also your Motion needs to make it clear that there is a risk of conversion, waste, or an action to otherwise cause marital assets to disappear if a TRO is not granted.
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.
