Annulment's effect on Separation Agt and divorce


#1

Hi,

My husband’s ex-wife is trying to have their marriage annulled so that she can have her new marriage blessed by her church. That’s fine with us…good riddance. lol Our question is, what effect would that have on the divorce and separation agreement that are on file? If there was “no marriage”, then how can there be a divorce? Would it nullify the divorce and separation agreement (which contains ridiculous child support payments). He wants to pay child support, but he also wants it to be a fair amount. (He’s been paying twice the amount he should be for a few years now.)

Thank you for your time. It’s greatly appreciated!

The Second (and much better) Wife. :slight_smile:


#2

The annulment, if she can even get one granted, will have no effect on the agreement, or child support.


#3

Thank you, Erin, for the fast response. Another quick question, if I may please.

My husband is in the Army here at Fort Bragg. His ex-wife was cheating on him while he was in Korea and sent him a separation agreement to sign and threatened him with not seeing his children again if he didn’t sign the agreement. She had also cleaned out all of money from his bank account so he couldn’t afford to hire an attorney. He signed the agreement under duress and sent it back to her. She filed it with the court and got her divorce. Anyway, we need to have the child support basically cut in half - he’s paying her $1200/mo and according to the guidelines, should only be paying $675/mo. The divorce is filed in Cumberland County, NC and she lives in South Carolina now with her new husband. 1. Can we file something like a modification request with the court to get the child support reduced? 2. Where would we have to file - here or in SC? Thank you, again, for your help.


#4

A motion to modify can be filed in Cumberland Co.


#5

Thank you!


#6

You are most welcome, I wish you all the best.