I settled out of court with me ex in October. Child support needs to be adjusted, and he knew it. He also owes money for medical bills for which is supposed to pay half. I have tried talking to him, and I am getting nowhere. He is dragging his feet by not turning in his financials to his attorney so child support can be adjusted accordingly. What is my recourse at the point? I really don’t want to face court after already spending an exorbitant amount. Please advise.
If you have a separation agreement or settlement terms in a memorandum of mediated settlement agreement to which you both signed and both had your signatures notarized, then you can threaten to file and/or file a breach of contract lawsuit assuming the terms include for him to produce his financial documentation and pay medical bills.
Otherwise, since you settled voluntarily out of court, your only other recourse will be to file a child support action against him.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. We have a court order in custody now after settlement. Child
support does need to be adjusted though b/c I have more custody after
settlement. What is the NC Child Support Enforcement Office for and is
that an option for me versus using an attorney?
To modify your child support order that is not a temporary order, you must have a substantial change in circumstances affecting the wellbeing of the child(ren). To do this, you would file a motion to modify.
Child Support Enforcement (CSE) handles establishment of child support and monitors the payments for their cases. It sounds like your child support order was entered by consent privately, i.e. without using CSE. If so, it is not likely that CSE could help you modify your current child support order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.