It sounds as though you are in a bad situation. Does the agreement that you have state that the $2500 a month is for child support? I would think that would be the only way that he could get the amount reduced. If he signed an agreement stating that he would pay you this amount per month until a specified date, then it sounds like he is essentially paying you alimony.
What is he threatening to take you to court over? If he is threatening to go for modifying child support then he will need to show a 15% difference in income, or lifestyle from the time that the agreement was signed. I think that you may have a case but it would also depend on what the NC guidelines state that he is supposed to be paying. Does he realize that if he goes to court you can request his finacial records for the last several years?
It does not seem fair that you have relocated along with your ex husband but I commend you for doing whatever necessary to keep your children’s best interest in mind.
I suggest that you document everything, get the agreement and divorce papers and consult an attorney. See what your options are first before you agree to anything.
If your ex is using threats to get you to agree to something then it’s possible he knows that legally there’s nothing he can do to reduce the amount he agreed to…
He could file to modify child support, but he would have to prove something substantial had change in order to justify a decrease. The mere fact that he is remarrying is not enough to justify a modification. The other portions of the agreement are not subject to modification unless they pertain to alimony or the agreement permits them to be modified.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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3 years ago my X husand and I were in the process of divorce in Southern California. During that time he accepted a job relocation within his company in Charlotte, NC and made a deal with me that he would pay me 2500 per month until our 2 boys graduated college if I were willing to relocate to the same area and if I didn’t go after alimony. (I was a stay at home mom for 16 years) and the divorce was a result of his many infidelities. We’ve been here 3 years and just finalized the divorce in October 2007. Our separation agreement included the 2500 per month agreement and 50% of the assets…we had it filed along with the judgement because, as my X stated, “I don’t want you to be able to come after me for more money.”
Okay, 7 months later he meets someone and is engaged and threatening to take me to court if I don’t agree to a child support cut. The reason is that he wants to buy a bigger house to accommodate his new wife and her family. Can he do this? Can he go back on his aggreement after I’ve already relocated away from my friends and family to accommodate the relationship between my boys and their father? This seems so unfair!!! His income is at least 150k not including bonuses (of course, he won’t divulge that to anyone)