Amend PSA after Divorce


#1

I am divorced and remarried. My divorce PSA states I am to pay $900/mo for one child, which is over double what I should pay based on NC Guidelines. I now have another child born with my new wife.

  1. Can the PSA be amended by the court to lower child support for my 16 y/o son since I have another child now, and I also suppport 2 minor step children with a deadbeat dad who pays nothing?

  2. Also in the PSA, I am to maintain a “life insurance policy” that was in effect at the time of the divorce with the ex as benificiary. I found out that the “life” policy is actually an AD&D plicy, not a life policy by legal definition. Since this is the case, there was no “life” policy in effect at the time of the divorce. Based on the change of circumstances, being remarried and having a second child, would the court amend the child support as stated in the PSA as well as dropping the “life” policy clause?

Thanks!


#2

The Separation Agreement itself will not be changed, but you may file an action with the court to have child support determined at the present time. Your natural child will be accounted for in the calculation, but neither of your step children will.

You are contractually bound to maintain the policy, the court will not chance that.