Neither the Ex nor I live in Triangle any longer. We divorced while living in Chapel Hill. I’m elsewhere in NC, Ex is in TX (I hear a country song coming on!) Ex has declared they are no longer making agreed upon payments as stated in our separation agreement since I had marriage annulled in Catholic church. Ex is cancelling payments since I “cancelled marriage”…the payments weren’t child support nor were they alimony. The payments where for my portion of our home once it sold. We separated in 2008 and divorced in 2011. I had marriage annulled in 2012. Monthly payments started in approximately 2014 and continued until 2019 when Ex claimed they needed to save for daughters wedding. Daughter got married in Sept. 2019. I didn’t ask Ex to resume payments until approximately June 2021. That’s when Ex informed me that there would be no more payments since I cancelled the marriage. Can Ex do this? If not, do I have to use a Chapel Hill based lawyer to fight to get these payments restarted or may I use a lawyer where I currently live? Thank you!
No, your ex cannot stop payments as set forth in your separation agreement unless some condition specifically stated in your separation agreement applies.
Having a marriage annulled or cancelled in the Catholic church has nothing to do with the separation agreement and the payments your ex is required to pay you.
If you believe your ex is in breach of contract (for violating the terms of the separation agreement), then you can see a lawyer in the county where you currently reside.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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Thank you so much for your counsel.