NC Statutes vs. Seperation Agreement


#1

I’m not certain about a statute of limitations but if your separation agreement does not specify anything about cohabitating then the NC Statute takes precedence.
Maybe some of the others can tell you if payments just stop or if it must go back to court first. And if you would be able to regain any money that was paid after the date of cohabitation…


#2

Thank you stepmother for the information.

The reason I ask about the statute of limitations is she has been living with someone without being married for a while and I never said anything about it and she got married about a month ago and in our seperation agreement it states that there will not be anyone in the house of the opposite sex after 9pm with the children in the house. But now that she’s married, if I have someone live with me, I believe she would try to start trouble with me even after her doing the same thing.

So, can I get the seperation agreement modified under these circumstances?

Additioanlly, is it possible for me to get partial physical custody of my children? She currently has full custody and I am supposed to get visitation with my children but I feel that she may be influencing my children from coming to visit me. It seems that almost everytime I call to pick up my children, they are too busy doing something else.

And if I do go to court for this does anyone know what the approximate cost to get these changes made would be?

Thank you.


#3

If the Separation Agreement does not end alimony upon cohabitation then it continues until the Separation Agreement indicates that it ends. In this instance the contract takes precedence.

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#4

I have a question about which takes precedence North Carolina statutes or the Seperation Agreement. In the North Carolina statatue Chapter 50 Subsection 16.9 it states that alimony will end if the dependent spouse engages in cohabitation. But, the seperation agreement does not include any such statement. So, does the payment of alimony automatically cease when she begins cohabitating?

If there was overpayment since she began cohabitating is it possible to reclaim that money?

Is there a statute of limitation that would make it impossible for a complaint to be made?

Thanks for any help.