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
The Rosen Law Firm
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Raleigh, North Carolina 27607
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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.