Child support not part of judgement

OH boy- when we divorced I had a statement on the “Complaint” that the separation agreement be incorporated into the judgement HOWEVER it did not carry over to the “judgement for absolute divorce” form- (it is not stated on the judgement form) and now I am trying to get child support modified and was told I can’t because the separtment agreement that addresses child support was not incorporated into the judgement- is theres a way to get it incorporated after the fact? our divorce was granted on 1/12.

In my opinion the best course of action is simply to file an original action for support.

you can do this even if you have a signed and notorized separation agreement that spells out child support, day care expenses and dance?

is this the original action for support form? IF yes I can’t- I am not have primary custody- by ex wife does
AOC-CV-627, Rev. 10/02

The Worksheet is the form used to calculate support. You need to file a complaint for child support in order to have the court enter an award of support and issue an order.

ok thanks- would this form just be taken to the court house and filed?? are there steps to this process- I did not see any on the site. Would it have to be filed in the county where the child lives?

one more question- I think my ex has received a pay increase- before filing out this original child support form and taking it to the court house should I first ask for her financial information to be represented?? since i know she won’t tell me what she is currently making- isn’t there something I can do to get her real income even if we are married and it has not been 3 years (and because the separation agreement was not part of the judgement)like I thought it was- BIG MISTAKE ON MY PART- only included it in the complaint.


You will need to file a Complaint for child support. There are forms available in the self help center in some counties. We do not have a step by step guide as to how to represent yourself in a child support action, that type of advice is consistent with full representation. The action would be filed in the county where the Defendant parent (your ex) lives. Once an action is filed you will have the opportunity to submit discovery to obtain financial documents from the other party. A martial relationship is not necessary to be entitled to discovery.

I have primary custody of my daughter her mom only has visitation rigbt and gets her 2 days a month can i file child support on her and if so can she file child support on me when the child live with me and im the one taking her to school when she is orderd by court she gets her 2 day’s a month?

Yes, you can file a child support action against the mother. Or you can go to your county’s child support enforcement agency and they can assist you in establishing and collection child support.

The mother can file a child support claim against you, but she would not be awarded child support if you have your daughter at least 243 overnights a year (i.e. primary physical custody).

Anna Ayscue

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

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