Separation agreement


#1

I am not sure I understand your question, did the Separation agreement require that he pay support for the 16 year old?

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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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

yes - at that time…he asked about the 16 (then 6 year old) not being is biological son but the lawyer stated that if he wanted to see him he would have to pay child support - so he paid on him by the separation agreement until new court order in 07. There was a finding in the order from 07 that he is not the biological father. The 07 order was for the now 11 year old that he has joint legal custody of. I hope this explains a little. The separation agreement in 98 was never a court order…since the 07 case - where does he stand with the responsibility of the 16 year old. hope this helps.


#3

If I understand this correctly, up until 2007 he has been paying child support, and visiting a child that is not biologically his. After almost 10 years, your husband wants to cease visitation and support for this child because he is not the biological father. I think that her attorney should be contacted to find out for sure, but it would seem to be the right thing that he continue paying for this child.
Have there continued to be visitations with him that have just recently stopped? Do the two children get along and want to be together?


#4

Generally, the court order will supersede the separation agreement and his obligation would be to pay based on the court order. However, I cannot advise you for sure on this without reviewing your agreement.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#5

to reply to stepmother - he has not visited with the 16 year old since oct. 06. This child had become very hard to handle physcially. His autism is so severe that he gets very frustrated with trying to communicate. He was busting holes in walls for no reason. Attacking each one of us because of trying to correct him. When he separated with the ex- he asked about visiting also with the now 16 year old because of not being biological father and was told if he wanted to see him that he would have to pay support for him. The children get a long ok - he 11 years old is scared of the 16 yr old when he gets really upset. The 16 yr old has busted windows, tv etc and his home in front of 11 year old. The 11 year old is scared of his brother half the time. Even attacking him on occasions.


#6

With the court order superceding the separation agreement - no child support was ordered in the 07 order due to the ex - not providing her income. We tried to pay direct to her but she would accept checks but not cash them. She tried to go thru social services in 10/08 but cases were dismissed by DSS. Not sure of the reason. So there has not been no court ordered support. And the 07 ordered was covering the 11year old only. Sharing joint legal custody. The order did not address 16 year old at all since there was a finding made that my husband was not his biological father.


#7

as a response to stepmother : he has not seen the 16 years old in 2 years. He had visited with him until then…this child is severly autistic and is hard to physically handle and has tendencies to be violet- hitting himself/biting others etc. he is well over 250 lbs of nothing but boy and is stronger when he has this fits. He can be very destructive to the home…busting holes in walls - anything. The ex was keeping the 11 year old from my husband for well over 6 monts and would not let him get the child because he would not visit with the older child. (That is why we went to court in 07. We don’t know how she physically handles him. He is twice the size of her. He had attacked both my husband, me and our 4 years old


#8

my question is: my husband and ex-wife had a separation agreement completed prior to divorce in feb 98 (this included child support and visitation for 2 children. 1 child (16 yrs old) is not my husband biological child and the other is 11 (his child). Divorce was granted in 11/98. Separation agreement was not incorporated in divorce order. My husband took her to court in 07 for child custody of the 11 year old child due to the fact that 16 year old was not his biologica child and is severly autistic and hard to handle and she was refusing for the 11 years old to visit with his father w/o 16 year old. She may a counterclaim for child support in 07. Never submitted info to lawyers for income…no child support was included in order. Does the new order in 07 cancel out the separation agreement? In 07 order there was a finding of the 16 year old not being his biological child and visitation was changed for 11yr old. Still no child support was addressed. She recently tried to do thru dss for child support stating there was an order in 98 divorce order and was applying for both children. Still the 1 not his biological child. Both the 98 case and 07 was on the court docket. Both cases were dismissed by dss for child support. Not sure why. Where does he stand with the 16 years old as far as responsility and child support since his is not the biological father. As a result of the finding in the 07 order does this mean that my husband is no longer responsible for him? Kinda confused as to end result of finding.