Child Support Modification

North Carolina Divorce Law Divorce and Separation Answers
1

My ex & I had a seperation agreement done in 2005, our divorce was final in 2006. In our seperation agreement, we agreed on child support & did not go through CSE, he pays me directly. He has been late several times & I have decided that it would be best if I request CSE services. We have never had a modification done & child support has been the same amount for the last 5 years. I have sole physical & legal custody & he has no set visitation. He has not seen the children in over 2 years by his choice & rarely calls them.

I no longer live in NC nor does my ex. Since I have never had a child support case with CSE in NC, but our support was an agreed upon amount set in out seperation agreement, how does this work. Every time I call CSE in my current state, I get told something different. Will my current state enforce the amount set in the seperation agreement? Will I be able to request a modification since my ex makes almost twice of what he made when child support was set in 2005? What states standards do they use? If he ever moves back to NC, would they take jurisdiction back?

Thank you for your help!

2

You must file for child support in your state. While your separation agreement is valid and would be upheld in a breach of contract action, that is not the best route for you to take at this time as you are seeking a modification as well.

3

Do you mean that it’s not in my best interest to leave it as it is or to file with the state? If I file in my current state & he does move back to NC, will NC take jurisdiction?

4

NC no longer has jurisdiction as none of the parties live there.
I re-read through your post and it seems that I missed that you both now live in different states. My apologies, I had assumed he also lived in your new state.
An action for child support is proper in the state where the obligor lives, so you will need to contact CSE in his new state of residence.