Lasecki v. Lasecki (North Carolina 2017)

An unincorporated settlement agreement is a contract, and the agreed-to child support obligation can’t be modified based on a change of circumstances like a court-ordered obligation. The father appealed the district court’s decision not to reduce his support obligation based on his lower income. The appellate court held that a trial court is without authority to modify child support in an unincorporated settlement agreement. The agreed-to amount is presumed reasonable unless rebutted. It can be rebutted taking into account the needs of the children. Unless the parties agree, it can only be changed using a contract remedy, such as specific performance.