Separation Agreements


#1

Dear TheResearcher:

Greetings. You may be able to file for child support in court and obtain relief, and that may depend on the language in your separation agreement. Best advice in your situation is talk to an attorney, at least for an initial consultation to determine your rights after a review of the separation agreement.

No matter what, get this fixed, as the money you save long term can be used to put you and your child(ren) in a better life position!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

I’ve had one lawyer review it and tell me it can’t be changed. I’ve taken the ex to court to have CS reduced after I lost my job. It was reduced slightly last year. Problem is the salary sited in court was half what was reported in mediation the next year. Can I go back to have it reduced by the court again or do I have to wait two more years. Is an increse in my ex’s (reported) salary and a reduction in day care expenses enough to go back?


#3

Dear TheResearcher:

Greetings. Generally, you must wait three years or have a difference of 15% or more between the amount of the existing order and the amount of child support resulting from applying the guidelines again. If you do not have one of these you may still be able to change the child support if there has been a substantial change of circumstances. You mentioned that your child does not attend day care any longer, so that may be enough. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

I have a separation/CS agreement that stipulates increases based my salary increase but does not stipulate 1) decreases based on my salary decrease or 2) decreases based on my ex’s salary increases. According to the calculator I am currently paying about $300 too much in support PLUS $250 in medical insurance not provided by my job. What remedy do I have to get my CS payments reduced in light of my ex’s increase salary.