Child Support


#1

I have a few questions concerning child support that I pay to my ex in North Carolina. I pay directly to my ex via direct deposit into her bank account (CSE not involved). The amount in writing, $700 ($350 per child), was agreed upon in a separation agreement that was incoporated into our NC divorce. We have verbally agreed to raise the amount several times over the last few years and I have been paying $900 monthly for the last 12 months. About every 6-9 months, my ex requests more money and threatens to go to CSE to get it if I don’t agree. She is asking again (more like ordering me) for more money. She says she went to CSE this time but that they won’t help her because I live outside the country. Whether I agree to raise the amount again or not, is there something that can be done to where she won’t come at me for more every 6 months? Should we put the new agreed upon amount in another notarized statement? I’d like to settle upon an amount and get it in writing to where she just leaves me alone about it. What is the best way to go about handling this?


#2

You can file a motion to modify the current order and then submit a consent order with the new provisions.

If you cannot agree between you on the amount you should pay, then you should file a motion to modify support based on the new income figures if it has been 3 years since the last calculation, and the new figure of support is 15% higher or lower than before. By the way, you will never be held in contempt for only paying the amount that is in your separation agreement. If you choose to pay more, that is fine, but she cannot force you to without going to court for a modification first.