We have files a separation agreement with the clerk of courts and its been stamped and all that. After this several circumstances changed and all the requirements of that agreement have not been met. My son decided to live with me and for the last year he has, but now because he is in trouble at Dad’s he has convinced his mom to let him move back with her. In the original agreement there was child support but no alimony, but the child support was double what is normal for NC. The wife now wants to hold me to that agreement. In that agreement it is stipulated that our house be sold and proceeds split, she sold it to her dad and is still living in it. Also stipulated that she would sign over the time share deed to me, this has not happened and she keeps making excuses not to sign it over and finally the kid lived with me not her. I continued to pay a few things for her since the separation Jan 2008 to the tune of around 15Kover 2008. Now she wants me to start paying the child support as listed on that separation agreement. If I take this or she takes this to court do you think the judge will accept the original document even thou I will contest the child support amount, throw out the old agreement and start over or just set a reasonable child support amount. This kid has moved back with her and I am paying health insurance on her(wife) and 233 per month for a car she drives, plus insurance and tags for that vehicle, which by the way she has trashed. We have not filed for divorce as yet. .
If the separation agreement was incorporated into a divorce decree, then some parts of it may be modifiable. However, the equitable distribution will not be modifiable.
If your spouse has not complied with the terms of the separation agreement, she can either be found in breach or in contempt of the agreement, and she will need to answer to the court.
As far as child support, you can file a Motion to Modify or initial complaint for establishment of child support. The old agreement will not likely be thrown out. Again, depending on whether the document is incorporated, the judge can find a substantial change in circumstances and modify support, if appropriate.
We have not filed for divorce yet. This motion to modify is there a form?
If you have not filed for divorce, then it’s likely that you have not incorporated the agreement. Therefore, you would have to file a Breach of Contract lawsuit in order to enforce the terms of the agreement she is not in compliance with.