Change in Separation Agreement


I forgot to say that he agreed to pay alimony until I remarry or die. We were married for 12 years. Our children are 1 and 3. I stopped working in January 2004 and when I worked he made about $15,000 more per year than I. Thanks.




Dear tnt1072:

Greetings. He may be able to change the custodial schedule through the court, but he cannot change alimony unless the terms of the separation agreement allow him to. Tell him no and tell him that you will file a lawsuit against him for breach.

I thought that you were going to tell me that it was 5-10 years since you executed the agreement, but if it was only 10 months then you can tell him to go and fly a kite. That is ludicrious. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


My husband and I have a separation agreement that states that he pays alimony and child support, we have joint custody with the children residing primarily with me, and I get to claim the children on my taxes. He has decided that he can not afford to pay alimony, he wants the children every other week and he wants to claim one on his taxes. He has lived with his girlfriend since one week after our separation and I live with my parents and have not dated since the separation. We have been separated for 10 months. I was a full time mom at the time of our separation and now I go to school full time. Can he suddenly, demand that these changes be made? I have cell phone bills, receipts for jewelry and witnesses that saw him with this woman the same week that we divorced. Thanks for your advice.