Change in lifestyle and child support

North Carolina Divorce Law Divorce and Separation Answers
1

Dear cocchetti:

Greetings. Actually, does he still have the Honda Accord? If he does not, then he owes you now. If he does, then I would file a Motion to Modify Child Support. Good 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

My divorce was finalized back in May 2004 and our separation agreement was incorporated into the divorce decree (I know now I should not have done that). Our separation agreement stated that he would start paying me child support when he paid off his new Honda Accord, which will be in 2007 (again, not the most brilliant thing I agreed upon). This was due to the fact that he could not afford to pay me child support with this $300+/month car payment. Well, he has since gotten a used Suburban and most recently, a new motorcyle. I would assume that he money coming from somewhere and that money could be coming to me for child support. Can I take him to court to get child support now as opposed to waiting since he apparently has additional income somehow?

Thanks.