How solid are settlement agreements?

North Carolina Divorce Law Divorce and Separation Answers
1

Judges can do what they want.Its that simple.

jnewman

2

So really, what’s the point then? I was as gracious as I could be given the circumstances (infidelity on her part) with most of the money I’d have to pay coming during the year we have to be separated.

I’m not as concerned about Alimony as I am child custody. I don’t think she wants to fight me for alimony with the emails I have in my possession.

But it is pretty unnerving to find out it can be overridden by someone else.

3

Judge can do whatever he/she wants with child custody and child support. The judge will likely take the portions of separation agreement addressing these issues into account when issuing a ruling, but is not bound by these provisions. Furthermore, assuming the agreement is unincorporated, the judge is supposed to deem presumptively correct the amount of child support specified in the agreement. Other provisions of separation agreements, such as those addressing distribution of marital assets and other property, are much more “solid” and usually cannot be, and are not, changed, absent mutual assent of the parties.

4

Thanks for the reply Wakedad. Since there is nothing I can do about child custody, I’ll just continue to be the best father I can be and let the chips fall where they may.

I’m not sure if the Separation Agreement is incorporated or not. How can I tell?

5

Dear Mr. Replacable:

Interesting name. What does it mean? If the agreement was signed and notarized by both parties, then the terms are generally in stone (except for child support and child custody which the court can change if one of you file a lawsuit). No, after one year she cannot challenge any of the financial items in the agreement. Yes, she can challenge the custody agreement without a significant change in circumstances, but the court may just follow the agreement in that case. The people you are listening to are wrong. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.

6

Thanks so much for the reply Ms. Fritts.

I chose Mr Replacable because my wife cheated on me and it was the way it made me feel at the time. It took a while for me to realize what a favor she did me. I truly believe I have a much better chance for a happier life now.

If I may piggyback another question, our agreement has the clause that states we may live separate and apart, to the extent as if we were never married. Does this apply to dating? I guess my question is if I decide to start seeing someone can that be used against me in the divorce? I am not seeing anyone, but would like to start moving on with my life. I can file for divorce the 2nd of January, 07.

Thanks again for the response, it makes me feel much more secure. I appreciate the site too. It has been a great resource for me.

7

Dear Mr. Replacable:

Greetings. You can “date” but that does not mean that you can have sex. If you are still married, then having sex with someone that is not your spouse is the crime of adultery in North Carolina. Of course, when you are divorced and not remarried, having sex with someone is then fornication, which is also a crime in North Carolina. Wonderful, no? LOL

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.

8

Thanks !

Wonderful is not quite the word I’d use to describe it. [:)]

Thanks again for the reply.

9

I have a signed and notarized settlement agreement that was dated in February. Both her and my attorneys were consulted with on it and all of the terms were agreed upon by all parties.

I know child custody and child support are two items that can be challenged, but how solid is the agreement?

What I mean is, after one year can she challenge any of the financial items of the agreement? Can she challenge the child custody agreement without a significant change in circumstance?

I’m wondering because others are telling me it is not real solid depending on the judge that hears the divorce case.