This may not be completely accurate so hopefully the attorney will answer also but…
The agreement is still valid no matter what state you live in. It’s an agreement not a court order and would be valid in all states. The agreement can be modified by you and the father to allow for a different visitation schedule since you are no longer living in the same state. Custody makes no difference whether or not you were married.
I believe that Child custody would need to be filed for in the state that the child resides in. This will make the need to modify the agreement unecessary since essentially you would end up going to court for primary custody and having a court order.
You could file for child support in NC through DSS and they would use the worksheet that goes by state guidelines as the calculator does. BUT DSS would need to use the correct worksheet and since you do not have court ordered child custody only by agreement the agreement would be used. If the agreement states that you share custody then that would be the worksheet that would be used. Also, since the agreement that you signed states that he does not have to pay child support may factor in. The fact that he does pay child support regardless of the agreement may be a plus for his side if this would go to court.
I would like to add that the day care expenses and any insurance the father pays will be included in the calculations for his benefit.
My question to you is that if you have been receiving the $250 a month plus 1/2 the day care and medical exxpenses and that has been sufficient, why would you now need $700 a month? Has the child’s need changed that much since your move?
You have to keep in mind that not only are you taking away potential visitations with the father by moving you are also asking that he pay a lot more. For most parents they would see this as them having to pay more for less time with their child.
I understand that if the guidelines state that according to both salaries, day care, insurance and # of overnights that this may be the amount he should pay, but this will have to go to court and there will be legal expenses. It just seems as though it would be better and easier to talk with the father about updating the agreement for a little more money and the visitation schedule since you have moved before dragging this to court…but that’s just my opinion.