Technically you are still his wife, now if you are going into his account and retrieving your monthly $400 then you are just adhering to the agreement, but you need to take your agreement to your local Child Support Enforcement Agency.
If you did not access his accounts without permission, then I would not worry about him pressing charges against you.
If your spouse refused to pay support I would suggest you contact Child Support Enforcement and ask them to seek child support on your behalf. Their website is www.ncchildsupport.com
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
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.
My ex and I have been living apart for almost two years. We have a signed and witnessed separation agreement, but if it is not notarized (which it isn’t), will it mean anything? In the agreement, he is to pay $400/month in support until MY son graduates from high school in 2008. He has not made support payments in 15 months, but has, on occasion, paid a bill or two on our behalf, usually by giving me checking account info to pay the bills online. He is now saying he is going to have me arrested for “stealing” from him. Is he in a position to get me in trouble, even though he GAVE me the info to pay the bills? If he proceeds, am I in a position to sue him for the back support payments he owes, due to the status of our separation agreement?