Child Support and Consent agreement


#1

My ex and I divorced in 2010. Our separation consent and child custody/support agreement, which were part of our separation agreement was finalized through the courts in 2009. It stipulated that I pay $800 per month along with health and dental insurance until my children turned 18. We would both also be responsible to split all college expenses. They moved to NY with their father while I remained in NC until last Sept when I moved to Georgia. My children are now 19 and 21. Because my ex is a bully and threatened to throw my kids out of his house unless I paid him child support, I have continued to pay him. I’ve also paid for car expenses that were not in our agreement. My oldest will be 22 in July. My ex is asking for more money but I am refusing. He’s threatening to take me through the NY courts saying they award child support until age 21 or when the child finishes college. Both of my sons are full time college students. I’m tired of being bullied and want to know whether our consent agreement would be upheld or could he be awarded child support until they finish school? There has been no substantial vhange in our circumstances. He’s basing his threat on the age in NY state.

I took him back to court in 2010 for contempt due to alienation of my children. The court ordered any modifications must go through Harnett co. Given we both live out of state, does that no longer apply? Thank you for your help!


#2

Your current court orders are still valid but NC would no longer have jurisdiction to modify them since neither party nor the children live in NC anymore. A court order can be modified in another state if it is registered first. A registered order will apply with the same force and effect as if it had been entered in that state originally. However, your order will have already terminated if it clearly states that child support is to end at a specified time.

I am not licensed in NY so you will need to contact a NY family lawyer about whether or not NY could still modify the order or enter a new one.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you for your reply. I guess I’m confused, then, what the purpose of a consent order is if both parties are agreeing to the various things outlined in the order, how can it be modified? Particularly if it’s centered through the court?


#4

In NC a child custody or child support court order, even a consent court order, can be modified upon a showing of a substantial change in circumstances affecting the child’s wellbeing, assuming the order has not terminated beforehand.

I am not licensed in NY and therefore do not know how NY will treat an order from NC.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.