What are post-divorce collections under the practice area of modification in the state of North Carolina?
Post-divorce collections refer to various payments paid by one partner to another once the divorce is final. They include mainly child support and spousal support payments. The payment terms may be embodied in a separation agreement or through a court order.
When is help needed for Post-divorce Collections?
When a partner does not meet his/her obligations to pay child support or spousal support, as put forth by a court order or divorce settlement agreement, the affected party can seek help for post-divorce collection. You can do so by filing an enforcement action against the ex-spouse who has violated the terms of the agreement. The court then reviews the matter and can enforce payment of support, including back payments that had been skipped.
Post-divorce Collections and Modifications
The spouse who is under obligation to make payments post a divorce settlement can file a petition for modifying the support (both child support and spousal support) if the circumstances have changed substantially and materially. In such a situation, post-divorce collection cannot be enforced by the other party. The party bringing the modification motion has the burden to show the substantial and material changes in circumstances.
Seek Legal Assistance
Often an ex-spouse may purposefully become ‘underemployed’ to get out of his/her payment obligations. With professional legal representation, it is possible to overcome such issues in post-divorce collections. Also if there is substantial change in circumstances, it has to be proved to the satisfaction of the court to avoid facing post-divorce collection actions filed by the other party. A qualified attorney can help with this.
We at McIlveen Family Law Firm have worked with numerous clients in the area of post-divorce collection. We can work with you to enforce a court order or agreement for support. We also represent clients seeking to modify terms of the court order or agreement.