Breach of contract


#1

Divorced 10 years have 9 Breech of contract issues on contract. Husband has new atty changing contract provisions ie lifetime alimony was not paid June 1, 2011 one week notice given. Contract has renigiotion clause to make all legal any changes have to be legally renegotioned by both parties, also other breaches. Contract stipulates that I have 10 years to file breach when discovered. Can something that happened in 2003 still be in timely manner and can I just file breech of contract with court or do I have to answer attys letter first. THANK YOU!!!


#2

If your ex is not abiding by the agreement, you may file for breach.


#3

I have a somewhat similar situation but our agreement was signed by a judge of another state. The agreement which covers property, custody, support etc. was not incorporated into the divorce decree and in fact was made afterwards. Does this agreement become a judgment because the certifying officer was a judge or does it remain as unmodifiable contract between the parties? Furthermore our agreement states that we have joint custody, he gets visitation, and pays support to me regardless of where the children reside; is that portion enforcable under specific performance? In order to get out of paying support to me he has temporarily modified the custody aspect to allow the children to live with him primarily and stopped paying me any support whatsoever. If support were calculated using worksheet B because I do still have them greater than 123 days per year, because he makes so much more than I do, it still shows him paying the same amount in support as we agreed to 10 years ago. Even if he is the so called primary custodian though I have them much more than this supposedly valid order states, can he still pay me the support that the worksheet states is due? I have initiated a suit for breach of contract and specific performance on the support obligation but can it also be enforced through dss as I have an agreement signed by a judge that has not been modified? Thanks for answering.


#4

I cannot address issues outside of North Carolina law. However in NC an Agreement that was not incorporated is fully enforceable. Provisions for alimony are not modifiable, however child support is always modifiable as the court retains jurisdiction to act in the best interests of the child.