Response after waiting period


#1

Hi,

I served my husband the summons and complaint and 30 days after he was served I went back to the court house to get the hearing date & sent him a copy of the court date for the hearing. After he received my letter with the court hearing date he sent back a revised copy of the Marital Settlement agreement lowering the amount of child support and changing the secondary visitation responsibility. My question is do I have to turn in what he sent to me if it does not agree with what I sent him. He did not file for an extension and it was received 3 days after he received the copy of the court date for the hearing.

FYI- he lives in Florida and I’m in NC with our son. He agrees to the divorce but thinks he should only have to give me $400 a month for child support.
When we first separated in 2007 he was giving me $800 a month for child support and then he started traveling to the Philippines and reduced it to $600 a month in 2008. By mid- 2009 the child support he was giving reduced to $0. He makes $2000 a week and about $1500 of that is under the table.


#2

The separation agreement needs to be signed prior to your divorce. If it is not you will lose your rights to have the court rule on property issues and spousal support. The court does not file separation agreements, but will incorporate a signed agreement into a divorce decree if the parties wish to incorporate their agreement.
Child support is an entirely separate issue and is not affected by divorce. If your ex will not agree to pay proper support you can and should engage Child Support Enforcement to aid you in getting a proper award of support.