I would suggest filing through the state ( www.ncchildsupport.com ) It costs about 25.00 to file… they take care of the enforcement and get it in court. They can garnish wages and withhold income taxes. You may not be able to get the back pay since it wasn’t filed through them, but you’d have a good place to start from. The back pay may be aquired through a civil lawsuit.
The only way to enforce the alimony provisions of the Agreement is to sue for Breach of Contract.
You can enforce child support by suing for breach of contract, or you may ask Child Support enforcement to pursue child support on your behalf.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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Is Suing for Breach of Contract the only way to start proceedings to receive child support and alimony when ex isn’t paying it? Separation agreement has a set amount to pay each month, but when he was supposed to start paying 3 months ago, he didn’t and I haven’t received a penny.