Can an ex go after child support if separations papers have been signed?

A friend of mine is going through a divorce. They have already signed separation papers with the agreement of $340 for alimony. In the papers it states for them to live their life as a single person. She found out he has a girlfriend and is now threatening to go after him for child support although the separation papers says she won’t. Can she do this? Especially after his gross pay is $1,600 a month and child support is figured over $500. She grosses twice his pay a month. With alimony and child support + just the rent on his home. It only leaves him less than $350 a month to live on.

Asked on October 17, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so what I am hoping is that he had an attorney review the paperwork that he signed BEFORE he signed it.  But I have to say that it does not sound as if that is really the case.  What I think that he needs to do is to go and seek help from an attorney in the area as soon as he can to set aside the agreement.  Why, may I ask, is he paying alimony to some one who makes twice his salary?  That makes no sense.  And generally speaking, you can not waive child support in any state as far as I know.  It is not yours to waive.  It is the right of the children to be supported.  So the amount in the separation agreement needs to be termed as child support and not alimony (or spousal support as it is also called).  Good luck.


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