Child support-breach of contract

[winbenkat]

What is the name of your state? NC

I did not incorporate my separation agreement into my divorce (as recommended by an attorney). So, now that my ex is in arrears on both child support and his portion of expenses, I can't file an order to show cause or contempt, I have to file for breach of contract. Does anyone on this board know how to go about doing this or where I can go to find out (website, hopefully)? I would prefer to not have to hire an attorney, as I can't really afford it, but will if there is no other way. How much would an attorney charge to file for breach of contract? What all is involved in this kind of court case? Thanks for any help you can give me.

 

[LdiJ]

What is the name of your state? NC

I did not incorporate my separation agreement into my divorce (as recommended by an attorney). So, now that my ex is in arrears on both child support and his portion of expenses, I can't file an order to show cause or contempt, I have to file for breach of contract. Does anyone on this board know how to go about doing this or where I can go to find out (website, hopefully)? I would prefer to not have to hire an attorney, as I can't really afford it, but will if there is no other way. How much would an attorney charge to file for breach of contract? What all is involved in this kind of court case? Thanks for any help you can give me.

First, before doing that go to your local child support agency and see if they can help you get the child support issues incorporated into an order. That way you won't have the problem in the future. The can also probably give you better answers about dealing with the past.

 

[winbenkat]

First, before doing that go to your local child support agency and see if they can help you get the child support issues incorporated into an order. That way you won't have the problem in the future. The can also probably give you better answers about dealing with the past.

Thanks for your response. However, I specifically did not incorporate the separation agreement into the divorce so that it was more difficult for the ex to request modifications to it. Now, I find that enforcing the child support requirements is harder than if I only had to file for contempt of court/or an order to show cause. That's why I need to know what to do regarding filing breach of contract, because, from what I understand, child support cannot be enforced through CSE from a separation agreement.

 

[VeronicaGia]

Thanks for your response. However, I specifically did not incorporate the separation agreement into the divorce so that it was more difficult for the ex to request modifications to it. Now, I find that enforcing the child support requirements is harder than if I only had to file for contempt of court/or an order to show cause. That's why I need to know what to do regarding filing breach of contract, because, from what I understand, child support cannot be enforced through CSE from a separation agreement.

So you liked this idea when you thought it would be to your benefit, but now you find it is also benefitting him.

As far as your question, I have no idea.

 

[winbenkat]

So you liked this idea when you thought it would be to your benefit, but now you find it is also benefitting him.

As far as your question, I have no idea.

Why would you bother to post only to be snarky, when you have no useful input?

It took months for my ex and I to agree to all the terms of the separation agreement, so yes, I wanted to proceed forward in a way that would make it more difficult to modify it. Besides, I did not include it in the divorce on the advice of an attorney, not just because I felt like being difficult.

Also, since I see from your public profile, that you are concerned about fathers/childrens rights, let me say that I was more than fair with my ex. I did not make him pay for the 15 months of back child support I could have included in the agreement/divorce and the monthly child support amount is much lower than the NC guidelines require. So, it wasn't only me that benefitted from making the separation agreement harder to modify. Either way, I'll have to go to court to get the terms enforced, so I don't know how it is more to his benefit now, and less to mine.

He quit his job once he was legally (let's not get started on the ethical/moral part of it) required to start paying child support (because he said he couldn't pay it on the income he was making), but has yet to get a job after 5 months of unemployment (because he thinks he can only take a job making more than $100,000/year). He has no expenses because he lives with his rich girlfriend, takes vacations, buys $150 golf clubs (ONE club, not a set), etc., but is incapable of sharing in the financial burden of raising his children.

By the way, thanks for your input.

 

[stealth2]

Was this agreement ever signed by a judge?

 

[winbenkat]

Was this agreement ever signed by a judge?

It was signed and notarized by both me and my ex. It is a legal contract and doesn't have to be filed at court or signed by a judge to make it binding. However, to enforce the terms of the agreement, rather than going to family court, I will have to go to small claims/magistrate's court for any arrears under $4,000, then to Superior court if he owes up to $10,000 (I think this is the cap).