Dear Carolinagirl:
Why is his job in jeopardy? Your spouse is still obligated to send the amounts he agreed to. Depending on how your agreement is drafted though, your spouse can always go back to court to get the child support modified based on his lack of income or decreased income. My suggestion would be to work with him on making smaller payments now, but full payments in the future when he retains employment. I would not amend your agreement though. Best of luck with this!
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 ex shorted my check this month by $1100 which is more than half. We are in the middle of a lawsuit and the judge is supposed to be deciding whether or not to set aside our agreement. The law supports my claim and the judge should support my claim also (I hope). My ex has paid the correct amount up until we went to court and the matter went into the judge’s hands. Is it possible he is trying to make it seem he is in the “poor house” to influence his case? Can someone just decide not to send the appropriate amount that is stated in our separation agreement?
Thanks!
Carolinagirl
Dear Carolinagirl:
Greetings. Yes, it is possible that he is paying less to try to prove that he cannot afford the current child support. The bad thing for him is that the court will make their own decisions and his actions in bad faith may make him look worse. Best of luck!
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.
I have a court date coming up in December for the judge to make a decision to keep or set aside my separation agreement. I have no idea what he will do. The law is on my side because everything was legal and on the “up and up.” My ex has shorted my checks by $1100 for the last two months. He is already behind about $2400 not including the $2200 for the last two months. My questions are - if the judge does decide to set aside the agreement, will my ex still be responsible for the money he has not paid while this agreement has been in effect? Also, if I do not agree with the judge’s decision can I appeal it? If the agreement is set aside - since it will be December - will I be able to claim tax arrangements as shown on our current agreement or will I have to file according to any new arrangements we make. I think my ex is not sending the money he is supposed to because he wants to make it look like he cannot afford to send the amount shown in our agreement. He wants to look like he is in the “poor house.” I have found out that he took the woman he is living with (the one he left me for) to Key West, FL for a getaway. Can I point out stuff like that to the judge to show he is NOT in the “poor house.” And - one more question - on his financial affidavit he shows he is spending more than he is taking in - but he has been living with this woman since we separated and she works and makes a good income that is used to support their household. Will that make any difference to the judge or will he ignore her income?
Thanks a bunch!!
Carolinagirl
My ex is telling me his job is in jeopardy and that he doesn’t know how much longer he will be employed. What happens to our agreement and the child support and family support he is obligated to send if he does lose his job?
carolinagirl