Is there case law or prevailing statute in North Carolina that can clarify whether or not a provision within an unincorporated separation agreement that states: “The parties acknowledge that both are capable of providing for the children while they are in their care and that no child support is necessary from Husband to Wife or Wife to Husband”
Is this clause deemed a “provision for child support” according the the laws of North Carolina?
Understand that parents can not waive child support, but trying specifically to determine whether or not this clause constitutes a “provision of child support” since there is no prescribed payment amount.
I have heard that a clause that details “no provision for no child support” is not deemed a provision for child support, but others have suggested it is a provision for child support of $0.00.
Based on statute or case law…Would the clause as written be legally recognized by the courts of North Carolina as a “provision for child support”…or not?
Such a sentence in a separation agreement has the effect of neither party paying child support to the other.
However, at any time, either party can file a child support lawsuit against the other to have the court establish monthly child support.
I’m not sure why you would need to prove or disprove whether the sentence in the separation agreement is a “provision for child support.” The sentence specifically addresses child support and show that it was considered and agreed upon prior to the execution of the separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Wake County CSS policy requires applicants who have an unincorporated separation agreement containing a “Provision for Child support” sign a liability waiver acknowledging that the separation agreement contains “a provision for child” and that Wake County is not liable for any subsequent legal action that may arise from them filing a claim for child support.
I don’t want to sign a waiver that “acknowledges a provision for child support” when, in fact, there is no provision for financial support/child support. That’s why I am seeking legal guidance on whether or not the clause is (legally) a “Provision of Child support”. Hoping to point to case law that will clarify matters as i really don’t want to sign a waiver.
If there’s a “legally valid” provision for child support, that means 3 year waiting period or evidence of “change in circumstance”. So important to understand whether or not clause is a “legal provision for child support”
The sentence in your separation agreement specifically addresses child support and shows that it was considered and agreed upon prior to the execution of the separation agreement: that child support payments would effectively be set at $0.
However, either party at any time the children are minors can file a child support court action/claim against the other.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.