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.
Shonnese D. Stanback
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
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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.