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
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.