Amendment to Separation Agreement


#1

North Carolina allows you to amend the separation agreement. In order for the amendment to be valid, it must be in writing and acknowledged by both parties before a certifying officer (notary.) Good luck!

quote:
Originally posted by fefe

Can an amendment be made to a separation agreement, after divorce? I adopted my ex’s child he had from a previous marriage when she was 4. I pretty much raised her from that time on, because he went back to school, and didn’t spend alot of time at home. About 6 years into the marriage I felt the marriage was lacking. He never wanted to spend time with me at all, the only communication he had with me was degading. When I told him how I felt he said I was crazy, and stupid. I stayed in the marriage for 6 more years, because of “my” child. When she began treating me the same way he had for almost 12 years, I talked with him about it, and he said that it wasn’t his problem. Now we have been divorced for almost 2 years. In our separation agreement, it says that both parents will provide information about the child,as far as school, medical, extra-curricular activities, and the whereabouts of the child. In the past 2 years, I have received 3 report cards, and no medical info, with the exception of the insurance statements I get, because I carry her on my medical plan. I was never told about appointments beforehand so I didn’t have the option to go with her. I have missed out on alot of highschool activities because of his lack of communication. I have discussed this with my ex on many occasion. I even called my daughter from work one day, to make sure of a time to pick her up at her dads. I got no answer, and continued to try again and again. I found out later on that day she went out of town with her grandmother, and nobody told me. With no communication to me about her life, I didn’t get to be involved as much as I wanted, which has caused my daughter and I to grow apart, she doesn’t call, or come over. I was to have the tax exemption last year for her, and I was to pay her car insurance. I called the insurance co. to find out how much it was, and they said it had been moved to another company. My ex called me one day and said that he should be able to claim her on his taxes since I hadn’t helped at all with her medical expenses. I asked him where the bills were, and he said he told the doctors to send him the bills. He never sent any medical receipts, or told me where her car insurance was. Anyway I told him to go ahead and claim her, that I just wanted to help, but I couldn’t help if nobody told me anything. I didn’t see that I had a chioce, and I was hoping he would try to communicate more. WRONG…instead it has been worse. Now she is 18, and in the separation agreement, it states that he and I are to split the costs of her college education. I don’t think I can depend on him to get me the info I need to pay for it, and if I don’t he could sue me. What should I do?

Thanks!

Fefe


Adrian Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1550 direct voice
919.256.1551 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: adavis@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Can an amendment be made to a separation agreement, after divorce? I adopted my ex’s child he had from a previous marriage when she was 4. I pretty much raised her from that time on, because he went back to school, and didn’t spend alot of time at home. About 6 years into the marriage I felt the marriage was lacking. He never wanted to spend time with me at all, the only communication he had with me was degading. When I told him how I felt he said I was crazy, and stupid. I stayed in the marriage for 6 more years, because of “my” child. When she began treating me the same way he had for almost 12 years, I talked with him about it, and he said that it wasn’t his problem. Now we have been divorced for almost 2 years. In our separation agreement, it says that both parents will provide information about the child,as far as school, medical, extra-curricular activities, and the whereabouts of the child. In the past 2 years, I have received 3 report cards, and no medical info, with the exception of the insurance statements I get, because I carry her on my medical plan. I was never told about appointments beforehand so I didn’t have the option to go with her. I have missed out on alot of highschool activities because of his lack of communication. I have discussed this with my ex on many occasion. I even called my daughter from work one day, to make sure of a time to pick her up at her dads. I got no answer, and continued to try again and again. I found out later on that day she went out of town with her grandmother, and nobody told me. With no communication to me about her life, I didn’t get to be involved as much as I wanted, which has caused my daughter and I to grow apart, she doesn’t call, or come over. I was to have the tax exemption last year for her, and I was to pay her car insurance. I called the insurance co. to find out how much it was, and they said it had been moved to another company. My ex called me one day and said that he should be able to claim her on his taxes since I hadn’t helped at all with her medical expenses. I asked him where the bills were, and he said he told the doctors to send him the bills. He never sent any medical receipts, or told me where her car insurance was. Anyway I told him to go ahead and claim her, that I just wanted to help, but I couldn’t help if nobody told me anything. I didn’t see that I had a chioce, and I was hoping he would try to communicate more. WRONG…instead it has been worse. Now she is 18, and in the separation agreement, it states that he and I are to split the costs of her college education. I don’t think I can depend on him to get me the info I need to pay for it, and if I don’t he could sue me. What should I do?

Thanks!

Fefe