Modifying Seperation Agreement

North Carolina Divorce Law Divorce and Separation Answers
1

I want to modify my seperation agreement (incorporated into the divorce decree) with my ex. Attempts to modify without the assistance of an attorney have failed. 50% of the modifications are in our child’s best interest; reversing weekly custody from the EX to me, due to her moving to another county. I feel that this would have a negative impact on our child because she has been in this school system since kintergarten. The current school system offers advanced classes for the gifted, the other does not; additionally, the new school system is ranked lower in education ratings. The other change would affect child support. Currently I pay 1500 for both children until the youngest graduates, our oldest graduates next year; I want to reduce to $750. To sum it all up, I offered my ex this:

  • child remains in current school system
  • child primary care status becomes father’s responsibility
  • reduction in child support to $750 (continue to pay to ex)
  • child continues to be claimed on ex’s taxes

Due to us not coming to an agreement, will the court rule in favor of the child remaining in the current school system and give primary to me? Any suggestions or comments are much appreciated.

2

It certainly sounds like you are taking your child’s best interests into mind when thinking about the way the child custody order should be modified, but I can’t predict what the court will do, especially with the limited facts that you have presented. You should have a consultation with an attorney in your area to discuss all of the facts, the judicial climate, and how you should proceed with obtaining a modification.