Child support modification

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I have been separated and paying child support since January 2011 for 2 children (both from our marriage) and we share custody where she is the primary custodian and I am secondary.

My child support is paid outside of the court system\ because we agreed on an amount based on a calculation performed by her lawyer and that resides in the separation agreement. I have recently discovered that he used Worksheet A instead of Worksheet B and this makes quite a difference on what the support payment would be. Also, I am keeping the kids more than listed in the separation agreement and my insurance premiums (I pay all insurance for both kids) increased significantly in 2012.

Since this was handled outside of the system what recourse do I have to get this modified to what it should be?

Thanks for your help!

2

It really depends on the wording of your separation agreement as to how you should go about modifying the child support obligation. You can file an action for child support and have the court enter a new order, but she may still have a right to go after the difference between the new lower amount and the amount provided for in the separation agreement in a breach of contract action.