Changed mind about Child Support


#1

Dear cocchetti:

Greetings. You may be able to, but I doubt it. If you agreed to that amount of child support (ie. your car payment), then that is the amount you are likely to receive. Also, depending on the language of the separation agreement, you may make other provisions of the separation agreement invalid. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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

So, just to reiterate to make sure I understand correctly. He currently is paying me nothing. I want him to start paying me now whatever the child calculator comes up with (about $200/mo) but since I incorporated the separation agreement but depending on the language, I probably will not be able to ask for it now and have to wait until 2007.
Thanks very much.


#3
quote:
Originally posted by cocchetti
So, just to reiterate to make sure I understand correctly. He currently is paying me nothing. I want him to start paying me now whatever the child calculator comes up with (about $200/mo) but since I incorporated the separation agreement but depending on the language, I probably will not be able to ask for it now and have to wait until 2007. Thanks very much.

#4

Dear cocchetti:

Greetings. Depending on the language in your separation agreement, you may be correct. I would have your language reviewed by an attorney. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#5

My divorce was finalized May 25th 2004. We incorporated our Separation Agreement into the divorce decree which stated he did not have to pay me child support until July 2007 (when a new car that he took over the debt/car payment would be paid off). Well, I realize now that I need the support now not 3 years from now. Can I request child support now thru the courts or since we incorporated the separation agreement can he challenge it? (I shouldn’t have agreed to it this way originally but I was being the “nice guy” which I know usually finish last, right?) He is adamant he can’t/won’t pay child support now.