Legal Question in Family Law in North Carolina

Support for wife

My wife and I separated about 3 weeks ago... she has moved into a room, and I am at the house with our children. She did not work while we were married, and, I typed and signed a paper saying that I would pay her rent, her phone bill and her credit card bills, and assume full financial responsibility for the children... but, am having second thoughts, and think that this is quite unfair, especially as I have tried to reconcile, and she refuses to speak to me. How binding is this document? it has not been notarized or seen by a lawyer?

Thanks


Asked on 2/20/03, 2:56 pm

1 Answer from Attorneys

John McNeil Haas McNeil & Associates, PA

Re: Support for wife

An agreement between the parties that adversely affects the children will not stand up in Court. If she should be paying child suppport, no agreement (contract) between the two of you is going to prevent a Court from ordering her to pay child support if the children need it.

The validity of the property and support issues may be treated differently than issues that affect the children. As far as those provisions, it depends how, when, and what the contract was signed for and if the agreement is valid according to the statutes covering those agreements. Further, if you are unable to pay those debts/expenses there may be other relief from that agreement.

If you and your wife are going to remain separated, it is advisable to either get a formal separation agreement signed or begin legal proceedings to resolve those issues. As much money as a verbal agreement or unofficial agreement may save today, if there is a disagreement tomorrow, neither of you will be protected and it could cost much more in the future. It is unadvisable to attempt to resolve all those issues without some kind of advice from an attorney.

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Answered on 2/20/03, 3:09 pm


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