Dear roussj01 and maverick:
Greetings. First, let me say that I answer posts from the oldest to the newest. Everytime you post something new, you move to the back of the line. You must therefore wait accordingly. Also, my clients come first, although all the posts on the forum are also important to me.
Now, to the questions in roussj01:
I agree with your attorney on point one, although I find that highly unfair and I bet that some research would uncover that it is unfair for you to negotiate one custody arrangement and have it solidified by order after she moves.
You cannot agree verbally to anything after you have an order. Send her a request to review the child support and ask for travel expenses. That may give you a reason in the future to ask for a modification of child custody. Your attorney is correct and you must pay the $800 in child support.
Yes, you will have to file a Motion to Modify Child Support to get it reviewed. I would first send your ex a new child support guideline and ask her, in accordance with the order, to inform you if she agrees and then if she does not and you cannot come to an agreement, you may have the ability to file a Motion to Show Cause instead of a motion to modify.
I will let you know my thoughts on appealing. Let me do some research and get back to you.
Now to maverick’s posts:
I do not advise any of my clients to have their agreement incorporated, as that means that they have negotiated for terms based on contract law, but upon incorporation many things change. I doubt you need to incorporate your agreement.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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 but a full discussion with an attorney should be undertaken before taking any action.