Separation Agrmt. will it hold up? Please reply!


#1

If your agreement is actually incorporated into the divorce judgment, it will become a court order, and can be modified based on a substantial change in circumstances. It sounds like your husband’s child support obligation will increase if he’s making more money, and your income remains the same. It will also depend on other things like health insurance costs and child care costs. Check out our website at rosen.com/ppf/ID/56/issues.asp to run the calculations yourself.

You cannot stop him from filing an action for a child support modification, but you can certainly produce evidence that his increase in income should increase his obligation.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I signed a separation agreement 1 year ago. The agreement contained specifics such as division of property, loans, cars, etc. Also, child support was specified (amount) and “child support will continue until the youngest child graduates from college- or 5 years of college” Both of us were represented by attorneys. It took several drafts for us to agree- but we finally did. The separation agreement is suppose to be incorporated into the divorce decree. Now, after a year and a day- he filed for divorce. In the papers he said he now wants the court to decide child support based on NC Guidelines. The only change of circumstances have been that my husband now makes more money than he did. In your opinion- what should I do…? Will a judge likely use the separation agreement to make a decision? Or can it be ignored ?