Violating a signed agreement that wasn't ordered?


#1

You have to sue him for breach of contract. He probably thinks it’s not a big deal because it’s not a court order but your separation agreement and the terms of it are enforcable. Is he still paying his child support?


#2

You may take your husband to court for breach of contract and he will be ordered to make restitution.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3
quote:
[i]Originally posted by 4them[/i] [br]You have to sue him for breach of contract. He probably thinks it's not a big deal because it's not a court order but your separation agreement and the terms of it are enforcable. Is he still paying his child support?

He “graciously” gave me child support but did not pay the alimony…I just wanted to find out if our agreement is enforceable…which he obviously doesn’t think it is.

melissa m


#4

Best of luck moving forward with this!

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

My ex husband and I separated in January '06. In order to save money, we did the property settlement agreement ourselves, had it notarized, and file with the register of deeds. Now he has deciced not to follow the agreement. What legal recourse do I have? Can I take the order to a judge and have them enforce it? The main issue is spousal support. We agreed that it would last for a period of 4 years, and he arbitrarily decided to end it early because of “money problems”…yet he makes 100k a year, lives very well…new cars…new house…etc.

I have 2 children and make a pittance compared to him…and would appreciate any advice. Thanks.

melissa m