Ammending Child Support in Separation Agreement


#1

Hello,

My ex and I signed a separation agreement back in July. I agreed to pay her $900 a month plus 1/2 of child care, school, and health related costs. This amount was well abov3e the NC state calculator, but I agreed in hopes I could meet this amount and did not want a drawn out battle, which would have been inevitable. We have joint/shared custody and the kids (2) are with me 2.5 nights a week. I am self employed and my income is down significantly and I cannot afford this. I am about to file bankruptcy and have recently applied for food stamps.

My question is: (1)What are the steps in amending this agreement? I know I am bound and would be in default of contract if I refuse to pay. I have told her that if we can not come to a different agreement between us, I will need to bring this to a judge to be decided. She will not discuss with me until she has spoken with her attorney on the 21st. My next payment ($450) is due to her on the 15th. I will not have her next payment. I don’t have a dime. (2)Can I file paperwork to contest our agreement that will limit her leverage to a contractual breach prior to the 15th? Based on your calculator my obligation is well less than 1/2, based on current income. (3)How is income determined with self employed individuals? Will they look at current year records or based off of last years taxes?
Thank you so much for your help.

~Steve


#2

If your spouse will not agree to amend the document, you may simply file a child support action with the court, and have the guideline amount ordered.

If she sues you for breach of contract in the mean time, your defense is the defense of impossibility, if you do not have the money to pay support, you cannot pay it.

You income for support purposes is your actual income. Evidence of past year’s income is admissible to prove what you are capable of making, you can also introduce the business records to show the recent losses, and your bank statements to prove you are no longer earning that amount.


#3

Thank you! Is there any grounds for me to file suite for restitution of the amounts paid over and above? I was pressured and under a great deal of stress during the time of the agreement.


#4

No, you may no seek restitution for support that was voluntarily payed.