I'm not complaining mind you, but it got me thinking about movie franchises that I love and how sequels that come out many years after a beloved original can crumble under unrealistic expectations. Some sequels try to cram in every possible bit of ambition and spectacle, only to collapse under the weight of their own gilded adornment (I'm looking at you, Episode I: The Phantom Menace!).
So, after a summer long layoff I have decided to tack in the opposite direction and keep today's post confined to a narrow and decidedly wonkish topic - the survival of contract damage claims after the entry of a child support order overriding a separation agreement.
Here's your 30 second primer: since the taxpayers of North Carolina ultimately have to support a child whose parents don't provide enough support themselves, any private agreement for the Child Support is subject to review by a judge. If you elect to agree to Child Support in a private contract, and either party later decides to file a traditional Child Support claim with the court, your agreement is presumed reasonable but that presumption can be rebutted fairly easily if The agreed-upon support amount substantially differs from what the stay child support guidelines would otherwise dictate.
I have a whole spiel prepared to warn clients about this possibility every time this issue comes up. Still, lots of people would rather handle all of their issues, from alimony to property to Child Support in a private agreement and not open up a court file on the public record. I can respect that, and luckily if your ex husband or wife starts to feel that he/she was overly generous in your settlement and needs to reduce his/her Child Support, there is still a remedy available to you.
Your contract for Child Support remains enforceable even after a judge has decided the statutory child support amount should be lower. You can be awarded a money judgment for the difference, and if you've ever had an aggressive creditor get a judgment against you, you know that it's about as much fun as a root canal.
Though I am a board-certified specialist in family law, I keep a diversified practice that includes lots of civil litigation. Some of the most "fun" I get to have involves seizing and selling a judgment debtors property long after he thinks we're no longer looking.
If you find yourself on either end of the situation, feel free to give me a call and let's figure out what we can do to make sure all of your options are laid out on the table.
