from what I have been told in a similar situation that if the separation agreement is incorporated into a divorce it is a court order because the divorce order has been signed by a judge. if she is not requesting a increase in child support you should have to worry with that. I would think as long as you have been paying what is in the separation agreement you should have no problem about arears.
Yes, an incorporated Separation Agreement is a court order. You would only be liable for arrearages if you were paying less than the order said. They cannot go back and determine you should have been paying a different amount and then make you pay the difference.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
thanks Helena!
You’re welcome.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Is an incorporated separation agreement covering child support a court order?
If cse get’s involved regarding child support, would I have to pay arrearges if it is found out I owned more than I was/am paying?
I calculated, 3 years ago, that I was paying her 200$ over the guidelines based on her income of 0$ and mine then. She does work, barely. Since then the guideline shave been upped %-age wise now it looks based on my “guess” that I underpay by ~100.00-150.00 a month. How does our incorporated agreement affect all of this?
She has filed for medicaid for herself, i cover the kids on my insurance which is indicated in the same agreement (incorporated sep agreement). This has started a procedure where cse gets involved so as to act as an intervening party regarding just the health insurance. They have stated she does not want to puruse a modication of child support, maybe because she’d be getting less? I don’t know.
I need to reply to there request of becoming an intervening party soon and need osme answers…
thanks…