Multiple child support schedules in separation agreement

North Carolina Divorce Law Divorce and Separation Answers
1

We have joint legal custody, but our separation agreement provides 2 custody plans:

  • Plan A is currently in effect and has been since March, 2009. Under this plan, I have primary custody and my x has them every other weekend (Fri, Sat, Sun night) with an optional overnight on Wednesdays.

  • Plan B will be more of a 60/40 split where I have them 4 nights and my x has them 3 nights. The conditions on when my x can implement this plan are as follows:

  • 6 months have passed since we signed the agreement

  • There has been employment for 6 months at $42k per year or more

  • The residence has a bedroom for each child

  • The work/school schedule enables my x to be there to care for the children in the evenings

I do not want a custody battle, but I do not like Plan B. I would rather stick to Plan A. If I sign this agreement as written, Plan A is working well, and my x wants to implement Plan B, can I easily contest it? My logic is that if Plan A is working well that a judge would see it in the best interest of the kids to stick with the status quo. However if I signed the agreement, could he change it at any time those conditions are met, requiring me to then fight to keep the status quo at that point in time?

Thanks.

2

Then don’t have plan B.

If you sign the agreement, you can’t just say…well plan A is working good, lets keep it that way. If the ex works toward fulfilling the conditions to get to Plan B, then it’s totally unfair to deny the x the opportunity you agreed to in the agreement.

Don’t sign ANYTHING you’re not willing to live with. A signed and notarized agreement is LEGALLY BINDING and difficult to change without MAJOR justification (ie: abuse, neglect, drugs/alcohol issues).

Personally, I believe the court would see Plan B as a wonderful option for children. If your ex meets the requirements of B and you don’t allow the change…he could take you to court for breach of contract because you’re not holding up your end of the agreement.

3

If you do not like the Plan B do not sign an agreement that allow that plan to go into affect, and save yourself the trouble of having to deal with the change in the future. If you sign an agreement with plan B and your ex meets the requirements you could be held in breach of contract for not following the plan.