Legal Question in Family Law in North Carolina

Changing terms of divorce agreement
My divorce agreement states that the husband is to pay 25% of his net income the first day of each calendar month until our youngest child reaches 18 years of age, at which time family maintenace payments will cease. College costs will be divided 50/50. Our child has reached 18 years of age, but is still in high school. What is the probability that I would be able to change the agreement so that family maintenance payments continue until the child completes high school?
My husband has not payed the amount in the agreement. He has not sent me his W-2 as agreed upon, and has underpaid by approximately $16,000 through the years. Would this give me leverage in asking for an extension on monthly payment?

Asked on 9/29/99, 3:14 pm

Donald Gillespie Attorney at Law

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Re: Changing terms of divorce agreement

Chances of "changing terms " of agreement are slim

once the thing is signed and put into effect, HOWEVER,

sounds like you can use a breach of contract theory to address your needs.

If the contract (a separation agreement is a contract)

had specifics which he has failed to honor many judges

will then apply "best interests" rationale to enforce the

contract. If he owes the $16K, judge may not change the contract but find that he

could be found in contempt if he does not pay on some schedule the arrearage.

Was the sep agreement included in your divorce decree and made a court order? If so, that

gives you the ability to proceed under a contempt theory. Good luck. Don Gillespie

Answered on 10/01/99, 10:19 am

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