My Ex & I have a signed notarized agreement to divide property, child custody, child support, payment of military retirement income. The agreement was signed in 2007, the day of the divorce hearing and the Judge would not allow me to attach it to the divorce order. Is the anyway I can have this agreement made into an order through the court or file a breach of contract action because he is not following the agreement ?
Yes, you can file a breach of contract claim for his failure to follow the agreement. Your ability to enforce the agreement is not altered by it not being a court order, it just changes the way you go about enforcement.
Can the agreement be made into an order so I do not have to keep going back to court every time he breach?
If the judge did not incorporate the agreement into the divorce decree, there is no way to turn it into a court order now, but as part of the relief you can seek for your breach of contract claim, you can ask for specific performance. If specific performance is granted, you can more easily return to court for contempt of that court order, but you will still have to return to court to enforce it.
Great, now I live currently in Chicago,IL. (Aug. will be 2 yrs.) do I have to file this case in NC because of jurisdiction over him or can I file in IL. If not, can I hire an atty. at your office to handle this and can you give me a estimate of the cost. You can email me at firstname.lastname@example.org.
You would have to speak with an attorney in Illinois to determine if you could have personal jurisdiction over the other party based on Illinois law, but if you determine that NC is the appropriate place to litigate your case, we would be happy to consult with you and determine if our firm is the right fit for you. Please contact our client liaison at (704) 307-4600 to discuss your case and schedule a consultation.