Ex not paying financial obligations


#1

The car payment and healthcare is considered part of equitable distribution and is separate from child support. Child support can not be withheld for any reason other than a court order suspending, if it’s court ordered payments or a signed, notarized agreement between the two parties, if the orginal was not a court order.
If your original agreement was a court order you could have “them” for contempt. If the original was not a court order, you have a breech of contract.
I would consult an attorney. You may have some negotiating room since “they” are not holding up their end of the agreement.


#2

You can’t withhold child support. Even though your spouse is breaching the agreement it does not give you permission to do so. You will need to sue your spouse for breach of contract and ask the court to enforce the Agreement.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

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.


#3

OK - THANK YOU.


#4

You are welcome. Glad we could help.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

Per our separation agreement - my ex is supposed to pay me for their car payment until its paid off and also for healthcare benefits and other bills that I have covered. We have split custody, and I am paying them child support every month and have never been late. However, they have lagged behind in both the car payments and healthcare payments. Can I withhold child support payments until their debt is satisfied with me or are these seperate items, requiring attorney involvement?