Legal Question in Family Law in North Carolina

My separation agreement states that I provide med insurance for my minor children. With renewal coming up I am seeing that it will be difficult for me to meet that financial requirement. The agreement was very favorable towards my ex husband who makes 3 times my salary and kept the house. He paid me less than half equity in the house and a small part of his retirement fund. My ex told me if I insisted on more he’d have to sell the house and my youngest son would be uprooted from his home - which we both were trying to avoid. In exchange he is financially responsible for everything regarding my sons with exception of med insurance. One son is in college, he’s 19, one is in 9th grade- he’s 14. 14 yr old lives in the home / I am 5 minutes away and see him everyday. Agreement states we have 50 50 custody / this arrangement is most comfortable for my son. I don’t receive alimony and I don’t pay child support although I do pay for things for my boys as they need them. If my ex were to try and require me to provide insurance what are my options? I’d like to tell him he is going to have to add them to his policy.


Asked on 10/03/20, 1:33 pm

1 Answer from Attorneys

Assuming the Agreement was properly drafted and executed, then you will be required to stick to the terms or be in breach. You can certainly ask your ex if he will consider modification of the Agreement either formally or informally but if he says no - you are likely outta luck. Based on the terms of the Agreement that you mentioned, it sounds very much like you did not have your own attorney and that you allowed your ex to sucker you into a bad deal. If so, you should consult with a local family attorney now who can review your situation in more detail and lay out any options you may have.. Doing your own legal work is the functional equivalent of attempting to rebuild your cars transmission if you are not a mechanic - the results are often similar as well. Also, if you are now divorce and the Agreement was incorporated into your divorce judgment, then failure to comply with the terms will likely not be mere breach of a contract but rather violation of a court order.

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Answered on 10/03/20, 4:33 pm


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