Breach of contract-child support


#1

Dear winbenkat:

Greetings. No, there is no standard form for filing a breach of contract claim, as this is one of the more difficult filings in domestic law. Make sure that you simply cannot just file a claim for child support through the North Carolina Child Support Enforcement Agency - as they will garnish his wages and they will not charge you very much. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Thank you for your response, Janet. The problem is, my ex quit his job because he said he couldn’t pay child support on the income he was making, so there are no wages to garnish. Can CSE do anything else to force him to make payments?


#3

Dear winbenkat:

Greetings. Yes, they can do a Motion to Show Cause against him if he is not paying and the judge can order him to go to jail or to pay. It is amazing how quickly someone will get a job and pay their child support so they will not go to jail. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

I did not incorporate my separation agreement into my divorce and now have to file for breach of contract on past due child support/expense reimbursement. After searching these posts, I do not find any information about how to actually go about doing so. Is there a standard form for this, as there is for many of the divorce-related filings done pro se?


#5

I have an alimony agreement and my X has decided he does not want to pay any more. Since there is no standard form and I am representing myself, I need to know how to go about a Breach of Contract. He also decided he does not want to pay CS (I am not paid thru the state) and so I was able to file a contempt motion for the Child Support. Do I need to search Contract Law for an answer? It seems ridiculous that no form exists for breaking a contract or agreement. Is there any other form that would work in this case? Thanks…


#6

There is no “form” so to speak. You need to bring a lawsuit to enforce the separation agreement. You will need to file a complaint, suing your former spouse for breach of contract. To learn more about this process, read our article Breach And Enforcement of Separation Agreements.

You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource to help you with your breach of contract action without spending thousands of dollars retaining an attorney.