Asked in Child Custody, Child Support and Divorce for North Carolina

Q: In NC, male divorced, non court ordered sep aggrement. Ex can’t care for our kids anymore and I have them full time.

In the aggrement it says I get them every other weekend and pay $400/mo child support. But now I had to get the kids from her because she has no place to live, no job and can’t care for them anymore. So for the past 2 months I have had them full time. Witch is good with me I want them full time. Is this a breach of our aggrement? What can I do. Thanks single dad.

1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Things happen. If you have to take the kids full time because mom can't care for them - you are likely not in willful breech. You should consider stopping child support and deal with things on a wait and see basis. If it turns out you will be keeping the kids long term, you may want to consult a local family law attorney to modify the agreement. But in terms of being in trouble or breech for stepping in and taking care of the children when mom can't - that's not gonna happen.

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