A very detailed separation agreement was notarized and attached to my divorce complaint. The divorce has been granted. What is the next step to ensure the terms are followed through or enforced as it relates to spousal support, retirement benefits and child support? All of which the agreement states will be obtained through income withholding. Does this require another motion to be filed or is it something the clerk does automatically. Please advise.
If your separation agreement was incorporated into the divorce judgment, then the separation agreement has been transformed from a contract into a court order, and court orders are enforced by contempt of court/show cause motions.
You may have to have a separate order to initiate wage withholding for child support if child support terms were not resolved in an original court order in child support enforcement court.
If retirement assets are due to be rolled over to you, you will need a domestic relations order or a qualified domestic relations order to direct the plan administrator to rollover the assets.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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