Seperation Agreement vs Child Support Order


#1

I would think that you can present the original order to the court showing the agreed amount. Problem is, they might laugh at you thinking you should only pay support of $190/month in the year 2007. Was a certified copy of that order ever registered with North Carolina? Under the provisions of North Carolina, the support amount paid can be reviewed every 36 months(3 years) or, if one parent has a reduction of income from 10-15%(varies by state). North Carolina does have jurisdiction as your son is a resident of North Carolina but, North Carolina’s state statutes do state that they will acknowledge orders from other states as if they were “their” own. When you get into interstate orders in North Carolina Child Support seems like they pick and choose what provisions from other states they wish to enforce, though.


#2

Dear NC Dad,

The issue is because of the Separation Agreement, if the agreement requires you to pay support until your son is 21 that is a legal binding contract between the two of you which can’t be modified by the court. Here is the catch, when an agreement is incorporated by the court the then has the ability to modify this agreement, this is the law in NC, you will need to contact an attorney in NYC to see what law applies to the agreement you executed there. YOu also need to know if the agreement states which states laws will be used to interpret the Agreement. The answer to your question is fairly complicated and requires more details, I advise you to contact an attorney to have them thoroughly review your Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#3

I recently learned that my ex is taking me to court for more money. No big surprise there.

This is where it get’s confusing for me…

I have a seperation agreement that we entered into in 1991 from NY that says I pay $190/month. I then have a divorcee decree which refers back to the seperation agreement in terms of child support.
My ex then went on public assistance and I received a slew of child support orders from DSS.

We now all live in NC and she is going through child support enforcement to have our NY ordered changed to NC. In reading your web site, I found a comment that read “A seperation agreement is a seperate binding contract.” How does that effect my situation if it is moved to NC or does it effect it at all.

He is also 17 and will turn 18 in July. He’s lived here almost all his life (Since he was 5.) Does that carry any weight if I tried to change the duration of my support payments? It seems odd to me that NC laws apply to him and govern him since he resides here, but yet NC can’t change a NY order because the age of majority is 21 or until sooner emancipated. Yet in NC, isn’t he considered emancipated at age 18?