The answer to your question depends upon the content of the Separation Agreement that you signed. A Separation Agreement is a legally binding contract. If, under the Separation Agreement, you are obligated to continue to pay the private school tuition without regard to your income or ability to pay, and you fail to pay, your former spouse may successfully sue you for breach of contract. She may obtain a judgment against you for monetary damages, interest and perhaps even her attorney’s fees for bringing the lawsuit.
Another angle may be to file a lawsuit to modify your child support payments based upon your reduced income, taking into account the amount of the tuition and health insurance premiums you are paying. It may be helpful to calculate what the appropriate amount of child support payments would be based upon your current income using the NC Child Support calculator available at www.rosen.com.
Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.