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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in north Carolina. my wife and i are currently living

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I live in north Carolina. my wife and i are currently living apart due to financial situations. i was currently sought after for child support from a child prior to my marriage. i am currently on unemployment and the child support enforcement will not take into account that i have a daughter that i am supporting even though we don't live together. so my child support is much higher than i can afford. is there any way me and my wife can get a child support agreement out of court notarized and put on file so they can account for the support i have been paying for my daughter? or do we have to have a separation agreement?
Thank you fr your question. Please permit me to assist you with your concerns.

Typically a child that you are caring for, if not yours, is not taken into consideration by the courts since you have no legal duty or obligation to care for that child, unlike the child that is biologically yours. Did you ever lawfully adopt the other child as yours? Please advise!
Customer: replied 3 years ago.

she is my biological daughter, since me and my wife have lived seperated i have paid my wife child support but it was never ordered by a court. we just agreed on it. recently i found out that i had another child from before i was married. his mother is taking child support out on me. i agree to take care of him and pay the support but the child support agency sayd that they wont count my daughter for support because she doesnt live with me, even though i still support her. i want to sign a child support agreement with my wife out of court and get it notarized so i can show the child support office that i do pay support for my daughter, but me and my wife dont want to have a separation agreement.

Customer: replied 3 years ago.

hello?


 

Thank you for your follow-up.

Ah, I see. Now I understand. In that case you CAN create an 'out-of-court' agreement between you and your separated spouse showing how much you are paying, if anything, for the child. However, and this is key, the other party and the other courts DO NOT have to honor it. If you want to truly lower your obligation that you may owe to this new party, have your separated spouse go to court and obtain a formal order against you but request that she personally enforce it (so it does not go via the state agencies). Then you can pay what is owed (or your spouse can claim that you paid what is owed) and it will affect all other obligations or all other formal demands against you.

Hope that helps.

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