Change separation agreement?


#1

I suggest consulting an attorney to find out where he stands. He can file for modification of custody and child support since he has the custody of the child. The child support should be based on the calculator but it would seem he would be in a better position not to request child support. The separation agreement itself wouldn’t be modified, unless they are not divorced yet, but they can modify custody and child support according to current situations. Also, with the alimony, he may need to check into the cohabitation issue. A lot of times that will negate alimony.
I suggest he consult a different attorney unless the one that was used prior is only going to represent him. It’s never a good idea to use the same attorney…


#2

It would be a gross breach of ethics for the same attorney to represent two parties. It is more likely that the attorney represented one of them and then negotiated with the other about changes. The best place for your friend to start would be to take his agreement to an attorney and review it with them to see if the agreement can be changed.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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#3

My friend and his ex used the same attorney for their separation agreement. For 10 years he has paid her combined alimony/child support of $1200/month and watched her go in and out of rehab for substance abuse, co-habitate with different men and women, and suffered harassment from her (the police were involved). She is legally blind and works when she “feels” like it. They have a child who is supposed to live with her but her life is so unstable the child is with my friend (her dad). Is it possible for my friend to modify this separation agreement to be financially fair? He said the agreement does not distinguish between child support and alimony so he continues to pay the full amount even though the child is with him.