Child Support Order

The court will, generally, not interfere with an agreement you have made on child support. As long as you have been paying consistent with the guidelines you should not have any additional obligation.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.

My ex-wife and I have two children. We have used the NC support guidelines over the past 8 yrs with some deviations as we thought appropriate since our divorce but never filed any child support agreement since the initial divorce decree. It originally was for $450 but now I provide close to $1000 per month with shared custody. We parent well together and prefer that to relinguishing control to the court. Yet, I wonder after reading many other posts from fathers whether I have left myself open to a potential problem by not allowing the courts to approve our agreements.

  1. What risk have I incurred by not filing an agreement when both of us have consented to the amounts over the years?
  2. If we filed one using our own amounts based on what works best for our children and ourselves, could the courts overrule us?

I appreciate your help, time and advice.