1) In 2004, the consideration was accepted by both parties and we created a valid legal agreement that is enforceable by law or by binding arbitration. We specifically agreed to "The Wife accepts these provisions in full and final settlement and satisfaction, and herein releases the Husband, absolutely and forever, from any claims or demands for child support and maintenance, except as provided herein." If DSS modifies this contract, is this a fundamental breach of contract?
Not even close.
Child support is a statutory obligation enforceable by the state. The state has the power to void any agreement that the two of you made, and enforce statutory obligations. And both recipients and payors of child support have the right to file for an adjustment due to change in circumstances even in spite of an earlier agreement, which is what your ex is apparently doing in conjunction with filing for unpaid child support.
You aren't going to win on that pont.
2) Does she have the right to change one item to her benefit and the remaining items (alimony and retirement benefits) stay intact without arbitration or renegotiation of the other terms? It seems the entire is open for re-negotiation.
Same answer as #1. Child support obligations stand alone from anything else and the state has the power to pick a number and enforce it regardless of anything else that's in your separation agreement.
You aren't going to win on #2 either.
I am remarried, serving as a Sr-enlisted member of the US Air Force currently stationed in Germany.
As one vet to another, I have no sympathy for ex-wives who try to take advantage of GIs on active duty when raising a defense is inconvenient or impossible due to distance.
Unfortunately, my comments have to express the reality of your situation.
I certainly appreciate any professional opinion.
Around here, with the exception of a few lawyers, we are laymen, not professionals (other than in our own fields which, in my case is insurance), laymen with a considerable amount of knowledge and experience in a variety of other areas, but laymen nevertheless.
I need help in understanding this situation and clarifying what rights I have
Basically, if DSS is saying you owe or have to pay $$$ which is computed based on X, Y, and Z, you have the right to challenge X, Y, and Z. In other words, you don't get to challenge that you have to pay child support, there is no defense for that, and you don't get to challenge the recipient's right to an adjustment or arrears. But you do get to challenge the numbers used to compute the statutory amount.
And you also have the right to appeal the decision of a hearing officer per NC statutes which run from 50-30 through 50-40 at:
Additional resource for you to look at:
And last but not least, you are probably gong to have to hire a lawyer if you don't accept the decision of the DSS.
I did a search for "fathers rights" cabarrus and came up with the following results: