Amendment to the Separation Agreement


#1

Update, based on info I found on the net and in this forum I talked to her last night and she caled the lawyer this morning and he’s putting in the agreement that starting 1 Jan 2009 that the child support payments will be $xx amount which are more in line with the federal guidelines. I’m glad we got this resolved before I signed anything.


#2

I am still interested in hearing an answer on this one, even though the original poster found an answer to his specific question. How can you ammend a portion of the separation agreement (ie: child support payments) if both parties do not agree to the ammendment?

[Aside} On the one hand, this is exactly why due care and effort should be taken when entering legal agreements, so the answer might very well be “you’re stuck”.


#3

You can always file for modification of child support if there has been a 15% change in income or a significant change of lifestyle. Otherwise, child support can be modified or re-calculated every 3 years.
IMHO, do not sign anything without having an attorney look over it. If you sign an agreement and then lose your job…filing for modification takes time and the amount accrued during that process is still your responsibility. What happens to you if say sometime during 2008 you are injured and can not work? You are still going to have to pay the agreed amount during the stated time frame. The safest bet is to use the guidelines and if you are willing to go above that make it a condition of the agreement. Say, providing the contract that you have in Iraq continues until 2009 then you will pay X.
Signing anything without thinking ahead and planning for possibilities could very well mean you are stuck. There was a previous poster who stated that he signed an agreement for X amount for 3 years just to get out of the marriage. Now wants out of it due to job change and getting remarried…Don’t sign anything without someone else, preferrably an attorney, reading over and making sure you understand.


#4

Generally child support can be modified, however the specifics of your agreement can affect how and when child support can be modified.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Hello, My wife and I are preparing for divorce in NC after 8 years of marriage. We have 2 kids. Tomorrow morning she is expecting me to sign a Separation agreement that includes Child Support payments I am willing to make based on my present high earning income as a government contractor going to Iraq. I am trying to help her get on her feet, so I told her I was willing to pay 4k a month total until my contract in Iraq ended a year from now. She said that at that time she would be willing to go with me to get the amount reduced to reflect my income at that time.

My question is, if at that time she refuses to enter into an Amendment to Separation, will I be able to go to court to have it reduced or will I be stuck in that contract? I realize that the standard amount is much lower, probably 2k, so if that were the case she’d have much to lose by not working with me on it, am I correct?

Thanks in advance for any help!