Unless your separation agreement has been incorporated into a court order or unless it has language in it that allows for a reduction in support then you are entitled to whatever benefits are conferred by the contract.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
I don’t see anywhere on the Separation Agreement about it being incorporated into a court order, however on my Consent Order it states many times…Pending further Orders of the Court… Is that what you were talking about? My divorce was final in Oct. 2000. Amar from your office worked with me. Could you pull my file to check to see is the language is there? I really don’t want to be greedy, but I also need all the help I can with raising our daughter. If not physically then at least financially.
I don’t see anywhere on the Separation Agreement about it being incorporated into a court order, however on my Consent Order it states many times…Pending further Orders of the Court… Is that what you were talking about? My divorce was final in Oct. 2000. Amar from your office worked with me. Could you pull my file to check to see is the language is there? I really don’t want to be greedy, but I also need all the help I can with raising our daughter. If not physically then at least financially.
Attorneys give information and options, but the clients always have to make the choices. The first thing for you to do is to go to the child support calculator on our website and see exactly what the obligation would be, since so many of the factors has changed. Here are the remaining options:
Ask him to pay the $70.00 extra a month. He may say yes, and pay you the extra funds. He may say no, since he may already be paying more child support than he can currently afford and more than the child support guidelines mandate. If you ask him, it may move him to request a modification of his child support obligation sooner.
Do not ask him to pay the $70.00 extra a month, and he may maintain the current amount he is paying longer. If you do not ask him to pay the amount, but do let him know that you have this expense, you may earn some more good faith with him for when you need funds in the future.
Whatever option you choose, you have to always look to the future for yourself, your children, and your ex-spouse. Lastly, you may also want to speak with the attorney who drafted your agreement for other options which I may not have mentioned, but which your specific agreement allows. Thank you and best of luck with your decision.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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 question is should I ask my ex to pay the increase of $70.00/month in our daughters health insurance premiums? This is the background… In my separation agreement it states that my ex-husband must provide health insurance for our daughter. In the event that he lost his job, he must reimburse me for the cost to add her to my policy. He did lose his job and has been paying me for the insurance. He did find another job but did not put our daughter on that company’s policy. He took a pay cut of almost $17,000 when he excepted this new position. But he has NOT asked for a decrease in his child support payments. I have heard that he is thinking about asking for one. I am very thankful that he has been paying full payment. I have had to start working a part time job to cover all the addition expenses that have come up with my daughter. I am still barely making it. An addition $70.00/month is going to be TOUGH. He is not aware that I am working this second job. With this second job, I am almost making as much as he is. He recently filed for bankruptcy and has been living with friends for almost a year.
So should I ask him for the $70.00? He may pay it. He may decide it is time to get his amount adjusted based on his new salary. HELP!!! What should I do?