Seperation

North Carolina Divorce Law Divorce and Separation Answers
1

Dear splashv8:

Greetings. First, I had a hard time following who was whom in your post (all the she and he used). Here is what I understood…

You signed a separation agreement after date of separation.
Wife is remarried.
Child lives primarily with you (3/4 of the time).
You were supposed to pay child support.

First, my suggestion is that you IMMEDIATELY (Meaning first thing Monday morning) go and file for child support (either with Child Support Enforcement or by yourself).

Next, under the separation agreement you owe her the funds you agreed to pay. Did you have an attorney representing you when you signed the separation agreement?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

I am divorced since May 2004 she got remarried in June/July I think. I signed a seperation agreement, but months after she moved out to pay her 400 and child support of 605, but from day one our child lived with me and still does. From the time she moved out he was living with her and now are married(our daughter can write a statement for that about him living there while seperated)she(wife) told me she didnt want anything from me(nothing)also our daughter heard that also, it is joint custody but daughter is with me more than 3/4 of the time form the day she moved out and has not helped out with our child of(16)or honored some thing in the seperation before divorce. If he was living with her is she or was she entilted to the money plus saying she didnt want nothing from me. Now she is tring to get the 400 dollars x 14 months seperated. What do I or can I do.

Thank You