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In NC the action for divorce is separate from any actions to divide your property or settle issues of spousal and child support. If you want to make sure he continues to make these payments, you will need a written notarized contract from him, or you will need an order from the court requiring that he do so. I would advise that you consult with an attorney before filing for divorce. Once your divorce is final you would have no recourse before the courts if he did not continue to make these payments.

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


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.

In 2 months my year will be over and I can get my divorce which I plan on doing myself. I dont have separation papers and need to ask this question. During our marriage “a friend” let the ex use 2 of their credit cards to purchase a pool and to catch up his bills. He has been making the payments as agreed but I want to make sure he contines to make them after our divorce. Can I specify this in the divorce papers? If he doesnt show up in court, would this hold up in court should he decide after the divorce hes not paying them anymore?