Separation Not incorporated into the divorce


#1

I filed a separation agreement in 2007 in Union County that outlined child support and alimony . My uncontested divorce was finalized June 23rd, 2008. Per my attorney, my separation was not incorporated into my divorce and I was told that it was legal and binding and would stand alone. In that agreement my ex husband is to pay me alimony for the remainder of my life unless I remarry or make an income of $100,000.00 annually, to which neither have occurred. Since that time my ex husband has not paid according to our agreement at times and in October of last year, decided to no longer make any payments at all. I cannot afford to retain an attorney at this time so what action can I take on my own to get this into the court system to make him accountable for the arrears amount since there isn’t a court order and the separation agreement wasn’t incorporated into the divorce?? Also, once he is paying again, is there a way to make it court ordered so that he can pay directly to the court system instead of me for accountability purposes so that I never have to go through this again? Thank you in advance for your assistance.


#2

You will need to file a breach of contract action to enforce your separation agreement. Depending on what your agreement says, and the outcome of the case, you may be entitled to have your ex pay your attorney’s fees as well. Alimony in this instance cannot be converted to be paid through centralized collections.


#3

Where can I get the paperwork? Do I file it with Civil Court and is there a fee? And lastly, we both lived in Union County when we were separated but have since moved…me to Mecklenburg Co and him to Raleigh. Which county do I file in and if local, how will he be served in Raleigh? Thanks so much for your time and answers…you’ve been a great help!


#4

You need to file a Complaint for breach of contract in with the clerk of civil court. There are no form Complaint per se, but we do have sample documents you can use as a guide as part of our DIY subscription service. There is a filing fee paid to the court as well, I believe it is currently $175.00. You may file in Mecklenburg, but he may move to change venue to Wake County. He can be served via Sheriff’s service, or via certified mail.