Child Support


#1

You could sue for breach of contract under the terms of the separation agreement, however child support enforcement will not be able to represent you and you would need to hire a private attorney to help you.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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.


#2

When my exhusband and I seperated we agreed to joint custody of our 3 kids (1 week with ea). A paralegal drew up our papers with the the terms that we both agreed to - he was to pay the kids lunch money and car insurance for the one that drives and I was to supply the health insurance for them and then we were suppose to split all other expenses pertaining to the kids, and it listed several specific items (gymnastics, class trips, camp, clothes and medical). When the paralegal drew up the divorce she did not put in there that it incorporated the seperation agreement. My ex has not been helping with the extra expenses for the kids like he previously agreed.

When I spoke to child support enforcement they said that child support would be caluculated considereing my salary and his and the time with each parent and since his salary is only slightly higher than mine - the child support calculation is on about $140 per month because she said that it assumes that if they are with him 1/2 the time that he is paying for their expenses when they are with him but that is not the case. He does not buy them any clothes and for the most part leaves all the other expenses for me to pay.

My question is - Is there any way that I can make him pay for all the stuff that was agreeed upon in our agreement or am I stuck with only the basic calculation because our divorce papers did not say they incorporated the seperation agreement even though the SA said they could be incorporated into the divorce?

Thank you for your time.