My ex husband and I are trying to determine the best option to file for child support. He agrees to pay an amount in accordance to NC guidelines, thus we were considering filing a Voluntary Support Agreement. I would like to know how would the process be conducted through court in that case.
Thank you.
A voluntary child support agreement would be included in a separation agreement. This is a contract between Husband and Wife and it is not filed with the court or signed by a judge.
This is enforced by breach of contract remedies rather than the contempt powers of the court if it were included in a court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
There is currently no separation agreement in place that can be submitted along a VSA. This is the guidance I found online:
From your response, I understand that a VSA cannot be submitted without a separation agreement or a representing lawyer, even if the parties are not opposing each other in the support amount. Is this correct? Please clarify.
Thank you.
You can also agree to child support terms and include them in a consent court order. The judge signs this and it becomes and valid and enforceable court order. Child support terms in a separation agreement or a consent order are both binding, valid, and enforceable. The difference is how they are enforced.
You do not need a lawyer to draft a consent court order or a separation agreement, although a lawyer will ensure it is properly and carefully drafted.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.