Re: Modifying Support from the Amount Set by a Separation Agreement
I'm going to say that that separation agreement isn't worth the paper it's printed on. What was it based on? Was it based on NC child support guild lines or statutes or just what you thought was fair and that of your spouse?
File for the dame divorce and let the chips fall where they may. The court will decide.
Re: Modifying Support from the Amount Set by a Separation Agreement
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budwad
I'm going to say that that separation agreement isn't worth the paper it's printed on. What was it based on? Was it based on NC child support guild lines or statutes or just what you thought was fair and that of your spouse?
File for the dame divorce and let the chips fall where they may. The court will decide.
North Carolina works a little bit differently than other states. He REALLY needs to consult an attorney in NC. Even if he doesn't hire one, he needs to talk to one. We may be giving him bad advice.
Re: Modifying Support from the Amount Set by a Separation Agreement
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CourtClerk
What's the hold up in getting divorced? Just take the issue to court and allow the judge to make an order.
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neonc72
Is it really that simple @courtclerk? I have been told that what I signed is a contract between me and the ex. I am bound by its terms even though it has no end date. Should I just file for divorce and go to court with the current separation agreement and plead my case and pray for a reduction in the amount of child support I pay?
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aardvarc
What you have NOW is a mutually agreed contract. What will serve to nullify that contract is having it REPLACED (superceded) by a DIVORCE ORDER.
Consistent with that, the North Carolina Supreme Court has held,
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Quoting Crutchley v. Crutchley, 306 N.C. 518, 293 S.E.2d 793, 798 (1982)
While the amount of child support agreed on by parties to a separation agreement is presumed, in the absence of contrary evidence, to be just and reasonable, it remains within the authority of the courts pursuant to Chapter 50 to order payments for support "in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case." G.S. § 50-13.4(c) (1981 Cum.Supp.); Fuchs v. Fuchs, 260 N.C. 635, 133 S.E.2d 487.
Crutchley invalidated an arbitration clause that attempted to remove child support determinations from issues that could be resolved by the court.