Small breaks in Separation Agreement


#1

At what point is it worth it to get courts involved? I have been separated 7mos. My ex pays support (decided by NC form) broken into two payments a month and has been late 7 times. He has not provided me with proof of a life insurance policy per our agreement. I have for him. He does not take the kids every other weekend because he says its too early in his relationship with girlfriend (7+months) and prefers just Sunday afternoons. Recently he has refused to pay his half of our sons camp costs which is only about $277. It’s not much money but I took on all the responsibilities of the house, mortgage, kids, dogs, etc. and money is extremely tight. There is no spousal support as we made about the same income. In our agreement it states we would agree on costs and split them for things such as camp and activities. I texted him the cost and time period in March. He didn’t respond. When I asked for his share in June, he said he’s not responsible and to read my agreement. He says that if I start providing him with more details about our kids lives he will consider helping me. This is the first and only time he has asked for more info on the kids and it was only after I asked for the camp costs and when he was going to pay another late support. I don’t have a budget for a lawyer but also don’t want to this to continue. Is it worth it to get courts involved now? Or should I try and recoup money when we go for the divorce? My fear is that if I push I might lose even more.


#2

You can file a motion for breach of contract since he is not abiding by the terms of your separation agreement. Based on the facts you’ve shared, at a minimum he is in breach because of the late child support payments and refusal to carry a life insurance policy. I would suggest you read the following article about breach and enforcement of a separation agreement:

rosen.com/divorce/divorceart … -carolina/