NEVER sign anything without representation. You see so many instances here of that. If you’re not willing to abide, then DO NOT SIGN. I understand signing out of guilt and wanting your kids to come first, but if you sign-you are bound to it until you can get it modified. COurts do not accept guilt, fear, using the same lawyer, I didn’t understand, ‘she made me sign’, or threats as excuses to signed agreements. You have to wait 3 years, I believe to modify, and then (I THINK) you have to show cause for modification. You really should consult an attorney to plan the best way to proceed.
Oh, we have no intention of using “guilt” or “he was threatened”, we just wonder if based on circumstances now (wages, etc) he could get the contract adjusted and let the court recommend child support amount, or if it would be useless to attempt it since it is a “contract” and was not incorporated into the divorce decree. He (my hubby) knows now that he really should have gotten representation, even though it would have meant getting a loan from somewhere, but hey hindsight is 20/20 and nothing can be done about that right now!
Greetings. I cannot advise you on modifying the child support without reviewing the agreement in detail. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
I am stepmom to two girls. It broke my husband’s heart to not be able to be with his kids and he was determined to do everything he could for them–even to the point of agreeing to more child support than we know the courts would have ordered. He wasn’t very thorough in going over his divorce paperwork and didn’t get a lawyer. Turns out when the papers were drawn up, everything from the separation agreement was incorporated into the divorce decree EXCEPT the child support portion. That means, this remains only part of the separtion agreement–a contract between him and his ex. He has continued paying his child support, although it causes hardship in this house when trying to cover our bills. We were told that it would be next to impossible to get the child support amount changed, since it was just in “contract” form and not incorporated into the divorce decree. Is this true? According to the child support calculator, he is paying nearly 40% more than what is required. He doesn’t want to “waste” money going to court to get it changed if it is impossible to do so.