Defaulting on separation agreement


#1

Generally you should wait for him to breach the agreement before attempting to take action.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

Hi again,

My ex has indicated that he plans not to comply with our current separation agreement in the future. Based on this information, can you provide some guidance as to whether or not I need to wait for him to default on the contract (and subsequently sue him for contract enforcement) or whether there is something more proactive I should consider?

Thanks.