Breach of Separation Agreement

[krs1974]

We live in the state of North Carolina. In 1999 I signed a separation agreement that I would pay $650 in child support to my ex wife. I was making enough money at the time to be able to do that. The separation agreement was NOT incorporated into any court order of divorce. In November 2002 I lost my job from company closing and was unemployed until May 2004 at no fault of my own. I did recieve unemployment benefits for some of that time and my current wife did work a full time job. I have two other children with my current wife that I did not have and were not taken into consideration during this separation agreement. Many aspects of my life changed since the signing of this agreement. I have obviously NOT been able to pay $650 a month and didn't have the money to take it back to court when I became unemployed. Now my ex wife (2 years later) is suing me for breach of contract and asking for anything I didn't pay to be paid back now. I have luckily been able to reestablish child support through the court to have a reasonably determined amount and have continually through my current wife's employment been able to provide medical coverage for my son throughout all this. Another note is that sometime during the last two years my ex wife has started to get disability and received a huge back pay check (which is how she is taking me to court). I need to know what I can do and what are my rights. This was obviously an unfair amount that I could not reasonably pay at that time, was not notified that she and my son were receiving disability checks. My wife and I are just now getting back on our feet from my unemployment. My income has decreased by approximately $55,000 a year. We are struggling to make ends meet now. I have am now paying the new child support amount but need help with what my rights are in the breach of contract from the amount I could not pay. Thanks for any help you can provide.

 

[BelizeBreeze]

You are in breech of contract. Either find a way to pay the money or not. It's that simple.