stop being “nice”. “Nice” has gotten me over 8000.00 owed to me in child support arrears… “nice” has made my cred rate drop by over 200 points. “nice” has gotten me an ex who still owes me about 3000.00 from our divorce. Go ahead and go after what you agreed to. CSE… ED… all of it. Once you sign those divorce papers you cannot get your ED. Child support will not enforce arears unless it was accumulated under their supervision. Stand up for yourself and you child. It was his choice to keep the house, it is now his responsibility to pay for it.
Child support and the payment of living expenses are two separate issues. If you are not receiving adequate child support then you should absolutely go to child support enforcement. Even if you go to child support enforcement you can still attempt to resolve the rest of your issues with a Separation Agreement and without litigation. I think the best place for you to start is with an initial consultation with an attorney who can go through the specific facts of your case and help you come up with options.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
I and my children moved out of the house 2/1/07 because my stbx refused to (even though he’s the one who wanted the divorce). He & I listed the house on the market, and it hasn’t sold yet. He & I put together an informal agreement regarding the things that he would pay for, etc. That included him paying the mortgage & utilities since he remained in the house. We also outlined how we would split the daycare expenses for the children. I have tried to be reasonable and have not pursued a case with CSE because I THOUGHT that we were working well together. He has since moved in with another woman (marital residence still sits empty on the market) and has decided that he will no longer pay daycare expenses for my daughter until the house is sold. Aren’t these two separate issues? In his proposal, he wants my share of the equity in the home to reimburse him for all of his living expenses…mortgage, utilties, etc. Would it be better for me to just file for an equitable distribution or try to negotiate? In the meantime, the daycare still has to be paid and he knows that I can’t afford to come up with the additional money each month while he continues to take trips to the Caribbean with his new girlfriend. Should I go the separation agreement route or equitable distribution and CSE? Now I’ve been very reasonable and have not pursued getting the back child support that he owes because the amount he was contributing was less than NC guidelines because I knew that he had the mortgage, etc by himself and was trying to not put him in a bind. I just don’t know what else to do at this point.
Tracie