Modification per agreement


#1

Our separation agreement included provisions for both a Parenting Coordinator and a financial coordinator to handle any post divorce disputes. It stated that either party could submit any dispute to the coordinator for mediation and then arbitration if not able to agree.
My ex asked the mediator twice over the past year (October 2010 and February 2011) for a mediation conference. The mediator offered dates and then nothing more was said about either. I had contended that there was no cause for mediation but the mediator had offered dates to mediate (the idea that we didn’t agree on the issue needing to be mediated was cause for mediation in itself…).
Now, in October 2011, she once again requested mediation. As we were exchanging dates, her attorney filed a Motion to compel Arbitration. We had that hearing and the motion was dismissed as we were circulating Stipulations for signature. Anyway, her attorney is contending there is an arrearage and that CS should be revised (increased) back to October 2010 as that was when they had first requested mediation. I contend that any adjustment should not be dated prior to October 2011 as that was when we actually scheduled the mediation/arbitration. Is it correct that CS cannot be back-dated? Our agreement stipulated that CS was to be set until she met certain criteria with regard to employment. She still has not met those criteia but I know that CS can be adjusted no matter what an agreement says. Is it correct that CS and/or Alimony cannot be back dated if no mediation or formal request was made? I understand we could agree in mdiation to do whatever we choose but need to know what the Arbitrator will be bound by if we don’t agree on working it out ourselves. The stipulations dictate he is governed by basically the same things a judge/government agency would be. Thanks in advance.


#2

Under certain circumstances you can go back for the actual expenses of the child, but not “child support.” You can also go for back child support if it was in a written agreement, such as a separation agreement, between the parties. Whether or not CS should/will be back dated will depend on what you agree to in mediation.


#3

Thnaks!! Nothing in the agreement except NC CS Guidlelines. Arbitrator is bound by GS 50-41.


#4

You are welcome! Best of luck to you.