Separation - Reconciliation


#1

I think it would have to start from the second separation, since you moved in together and lived together for over a year afterwards. I’m not an attorney but I would think that reconciling would made that agreement void and you did support the the child during that time, by providing food, shelter, etc…


#2

What does your separation agreement state regarding reconciliation? The provisions regarding child support are terminated when you reconcile.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#3

Question: Previously my wife and I signed a separation agreement. We lived seperate for over a year, we then signed a court order cancelling child support and moved back in together. We continued to live that way for over a year. Since then we have lived seperate for over 4 months, now she says that the original separation agreement is still in force and that she has custody of the child and that I will have to pay all back child support. Is that correct being that we began living together as husband and wife for over a year?