Support by agreement-what do you file


#1

My child support is in the form of an agreement and not a court order. I filed for modification and it was dismissed based on the fact it is in the form of an agreement. I do not want to simply breach the agreement so what would I file to have the court hear the case?


#2

The separation agreement is binding, and the amount of child support contained therein will be presumed to be the amount necessary to provide for the children’s best interests however you could file an action to have child support determined by the court. The court will take your current income and circumstances into account. If your new salary is substantially less (15% or more) than the salary you earned when you signed the agreement, you may attempt to modify child support based on this change by filing a court action to have support determined.


#3

Thank you for your reply. In that reply you mention that I could file an action to have child support determined by the court. I doubt there is a form for that but would that be a Motion, Petition or Complaint?


#4

Yes, you would file a Complaint for child support if you want the court to order child support in your case. Be sure to check out the free online child support calculator on this site to see what the obligation would be under the NC child support guidelines.