Child Support well after divorce

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I got divorced right before this economic crash. Since I didn’t see it coming, we didn’t address child support in the separation agreement. I have always been able to make a good living, so it didn’t seem that important. The only thing in the separation agreement was a short term agreement that she would help with the mortgage, now since expired. Now business is in the toilet, my partner died suddenly of cancer and I am really struggling. My ex wife makes 120k a year and has been giving me money here and there to help with the kids, but she make me beg for it on the front lawn and it is so sporadic I can’t really plan or budget.

We have joint custody of two teens and they spend equal amounts of time with each of us. I used one of the online calculators and it said I was due a payment monthly in an amount that would be easy for her and helpful to me.

If you could answer this simple question it would ease some anxiety by letting me know where I stand: Can I still bring action for child support even though it wasn’t covered in the divorce proceedings?

Thank You for your consideration,

Bruce

2

As long as your agreement doesn’t address child support at all, you should be able to bring an action for child support without any issue. You should contact your local child support enforcement office for assistance with the process.

If your agreement does address child support, but states that no order of support is appropriate, I would have to look at the wording to determine the right course of action.