Time to revw separation agmnt provisions

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

If your separation agreement says that you have to review the child support and requires you to modify the amount accordingly, then you should comply with the terms of the agreement. If the parties agree that a review was completed, but both parties agree not to modify the amount at this time, that’s fine. However, you should get that agreement in writing, as it is a modification of your agreement.

If both parties are making an effort to comply with the deadline to modify, and neither party can realistically cannot meet it, it shouldn’t be a problem. The support amount remains the same until the agreement is modified, signed and notarized by both parties. As long as your child support provisions are contained in the separation agreement, and not currently in a court order, there is no need for you to file anything with the court. However, if one party does not agree to the modification, then a court action may be necessary. Otherwise, you just need to have the agreement modified to reflect the new amount or terms.

I hope that helps! Thanks for using our website!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.

2

The separation agreement (followed by divorce),provided for divisions of debts/marital property, and child support(“CS”) of 1 child, and custody, is now up for “renewal” per the clause stating after 3 yrs the CS would be re-evaluated. Both parties have undergone significant changes in income, going from a joint income of about $80,000 (approx. 30,000/50,000 split)to income of about $15,000 (approx. 6,000/10,000). This due to one party taking it upon themselves after divorce to start up a business on a credit card, and is now filing backruptcy. The other party due to remarriage/relocation and difficult job market in historic field, ongoing efforts to retrain for new career field. In all fairness to both parties, the intent of the parties was by no means an effort to avoid their support obligation, simply some not well thought out or planned for choices. The paying party has not missed a payment throughout this year, despite paying out $8,000 in child support plus $3000 for private school (made possible by selling personal proprty and taking loans on insurance)to meet the obligations, on an income of about $10,000 for teh year. Can the paying party be require to continue without reduction the support payment the same under theses circumstances? And, if modicification of the terms of the separation agreeemnt cannot be met by the renewal deadline (despite good faith effort by the paying party)- what happens? Does the CS remain in effect as is? Becuase it is anagreeement, and not court ordered, won’t it still be necessary to file a motion for reconsideration of support with the court?