My ex-wife and I are divorced but have a SA. In it it details that she will pay for and maintain the marital house and I will pay child support each month for our 2 girls. I pay my child support every month faithfully…have cancelled checks to prove it… She got behind on the house after not paying on it for a year. She reworked the loan by forging my signature and got it caught up. She is now unemployed and behind on the house again. I asked her to move out of the house and let me take it over so that it does not get forclosed on. She has refused and is threatening to let the bank take it back unless I buy her out…we owe more that the house is worth now. She is also now threatening to file for child support through the courts. What can I do? Will our SA for child support trump child support enforcement since I have been paying and supplying health insurance? And what can I do about the house. I used inheritence money from my mother for us to buy the house and do not want to lose it. Thanks!
Your wife is in breach of your agreement, and your remedy is to seek relief through the courts for breach of contract. With respect to the child support, if she does file she will have the burden of proving to the courts that the amount of support contained in the Agreement is insufficient to meet the children’s needs. If she is unemployed she may be able to jump that hurdle more easily than if the circumstances where the same as when she signed the Agreement.
Well whats the use of having a SA if one spouse can go to court and get around it? Does child support recognize and SA normally?
Child support can be outlined in a Separation Agreement, and is enforceable via a breach action if not paid. I always advise my clients to have child support and child custody outlined in a Consent Order, which is an agreement between the parties entered as an order of the Court. The orders are enforceable by the court’s contempt powers, and a party who seeks to change the terms must file a motion with the court and allege and prove a substantial change in circumstances.
My name is alton walker, I have been paying child support since jan 2008. When the order was giving I was order to pay 907 a month, but I have a problem with that because I have a car payment of 326.00 a month, I have to pay 160 in car insurance, 250 for rent, 100 for food, and 100 for my meds every month I gross 3200 dollars a month and I have 3 kids I am paying for. My kids mother at the time the order was giving was making 1100 a month, she also gets section 8 that helps her with her house that was not taken into consideration in the order and she has another child that is living with her that is her sister that she gets an ssi check for every month I don’t know how much it is. My health insurance and dental insurance that I have on myself and my kids has recently went up which brings the total to about 500.00 dollars a month I can barely survie I canot afford a place to stay and I can barely afford my car and if I lose my car there goes my job. Then on top of that she will not even let me see my kids at all, is there anyway that I can get the child support lower. Should the section 8 she receive have been added in the order, and I feel like I am paying for that other child because the check she gets for the other child was not added on the order as a type of income. Can you give me some advice I live in durham nc
Child support is based on the income of the parents of the children in question. The money your ex receives for the other child living in her house is not included in her gross income for purposes of calculation, and the NC child support guidelines specifically exclude public assistance from the recipients income. Unfortunately the court does not take your expenses (other than the health insurance costs) into account when making a determination of child support.