Greetings. I would go ahead and speak with the Child Support Enforcement Agency in order to have then set your child support. You should send him a letter or e-mail (keeping a copy) and ask for copies of statements from the bank account. Make sure to say in the letter that you want a copy by May 22, 2005 or some other date. (That’s my birthday, so that would be my favorite date). Let him know that if he fails to provide it, you intend to speak with an attorney about a breach of contract claim. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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 and I separated in Feb 2002 and signed a separation agreement in July 2003. Our divorce was final in August 2003. The separation agreement says that he will pay $50.00 month into a savings account in our daughter’s name and that the money will be used specifically for her college education. It also says that he will furnish me with proof of his deposits every six months.
At the time I felt very bold pushing him to agree with this small child support provision, given that his attorney had already attempted to get me to waive my rights to child support altogehter, and given that he threatened to physically harm me if I ever came after him for child support (which I documented). But I also knew at the time that I would have the ability to modify it later. I am ready to do that now. In addition to no longer being afraid of him, both our circumstances have changed.
In his case, he has a permanent job, has remarried, is living with his wife in her townhouse, and is expecting a child to be born in July. In my case, I have chosen not to remarry, but I am in a committed relationship - have one new dependent, and another child on the way. My “significant other” and I have an informal agreement to split child care and groceries. He currently maintains his own apartment, but plans to move in with me in June.
Questions:
When can I request to modify child support? Do I have to wait 3 years from the date we signed the separation agreement? Or can I do that now through DSS?
I want the proof that he has established an account for our daughter and that it has the money in it that it should. What do I need to do to get it? I have requested proof of his deposits on two occasions in writing - the last time being Feb 2004, and has consistently failed to provide it.