Waiting to file for CS


#1

Since you had to strong arm him into signing the agreement, why don’t you go ahead and put the child support payment you desire into the agreement that way you will not hurt yourself for future support ubut if it was me this is what I would do, put it into agrrement that he will pay at least $300 a month to you by money order or cashier check and if he misses one payment during a 6 month period you will be obligated to take him to court and get a modification for child support. and if he says no then go ahead and let the courts decide the support payments.


#2

I would consult an attorney. You should make sure both you and your child are taken care of, anything that you may sign now could come back and hurt you in the future. Everything changes.

All you have to do is read the stories on this web site to realize that if you don’t get good council, you pay the price both emotionally and financially in the future.


#3

The only way he would sign the agreement to give me sole custody was for me not to ask for child support. I myself do not think it is fair that he gets visitation and gets to act like the daddy when he is not supporting her in any way. I agreed to no CS for now, but think that my child deserves CS and that he should be held responsible for her and pay CS. But, it seems the only way I will be able to get child support is to wait and fight it out come divorce time, or be underhanded and file for CS after he signs the agreement. I just don’t think it is reasonable for him to pay $500 per month, so I really would like for him to just agree to a lesser amount. I mean, really, either way in my opinion the court will rule in favor of the child and order child support…am I right?


#4

You are in a situation that you can controll, two thing you can do, have him put in writing a proposal inwhich he will probably state you will have full custody with no child support, you disagree and keep theproposal for court purposes, then tell him you are going to court and asking for everything that you can possibly get. worse case scinerial you will go to court and get custody with him having visitation rights( which he probably won’t visit that much)and paying you the full amount of Support and possibly pay your attorney fees. believe it or not you controll your situation. SO TAKE CONTROLL.Hes playing on your kindness.


#5

You need to talk to an attorney. There are no guarantees. Just read the other post out here and you will see that legal help is definately work the money. Shop around for an attorney.


#6

A child is entitled to ongoing financial support from both of her parents. The amount of support provided by each parent is, or perhaps more accurately, is supposed to be, based on that parent’s ability to provide support.

Neither you nor your ex may “contract away” - in a separation agreement or via any other means - his obligation to financially support your daughter. So, if you want child support during the period from the date of your separation to the time of your divorce, you can do one of two things. The first - and perhaps easier - option is for you and ex to agree on a child support provision to be included in your separation agreement. If he refuses or you can’t agree, you will need to institute a legal action against him for child support. You can do this even though you aren’t yet divorced. You can also do this regardless of any separation agreement into which the two of you may have entered.

That having been said, if you don’t want child support from him until your divorce or are willing to settle for a “lesser” amount and he agrees to your terms, then there is no dispute between the two of you on this issue. The court will not - of its own accord - order retroactive child support unless you (as the custodial parent) ask for it. Courts just don’t do stuff to right a perceived wrong; someone has to ask the court to do something.

At divorce time, the court will hear the history of prior child support. You will have the chance to explain why you acted the way you did with regard to child support. If custody is an issue at divorce time and you are awarded primary physical custody of your daughter, you will almost certainly be awarded child support regardless of what your separation agreement might have said about child support.


#7

You can agree in a separation agreement to any amount you think reasonably meets the needs of the children and it will be binding until either parent wishes to modify in the future.

Your divorce decree will not include this agreement however, it will be a separate document. You can pursue child support at any time and it will not adversely affect your child support to wait until a future date, however, it may be difficult to receive retroactive support.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#8

My ex has decided to sign an agreement giving me sole custody. I told him I would not ask for child support at this time because he is not financially stable at this time because of the move and the separation. I do plan to obtain an order for child support when I file for divorce (June 06). Will it hurt my chances of getting it because I didn’t ask for it at separation?

Also, I have calculated the CS and it is around $500 per month, which I think is too much. I know that legally we can agree on a lesser amount and put it in the divorce decree, but I know he won’t voluntarily agree to pay the support. SO, if I must go through DSS or file for child support through my lawyer and the judge orders him to pay the support will we be able to decrease the amount, or will he be forced to pay the full payment because I had to go through the courts?