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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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My husbands EX-wife just took us to court for child

Customer Question

My husband''s EX-wife just took us to court for child support on his 17 year old daughter. We had custody of his son who turned 18. So, she wanted to modify the divorce order and get support. We already pay her $4,000 a year from our farm profit. In the divorce, she agreed that was going to be for their daughters education and needs....all forgotten! In the divorce papers it doesn''t state what that money was for just that he agreed to pay it until the daughter was 24. So, now he is paying support. ALL TOTAL.....$10,000 a year! He makes $38,000. Is ther anything we can do?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
1) The custodial parent can obtain a child support order as that order is independent from the settlement agreement between the parties. The 4K proceeds have nothing to do with child support as that is a separate hearing, so yes unfortunately she can elect to file and obtain child support as that right cannot be waived.

2) The $4,000.00 is coming from the profit of the farm. This is separate than his $38,000.00 income he is earning for child support. If he is paying $4,000.00 from the farm and his total is $10,000.00, that means he is paying $6,000.00 a year on child support, which is equivalent to $500.00 per month or $125.00 per week. This is actually a very reasonable amount of support to pay. According to the support calculator he should be paying around $781.00 per month, so $500.00 is on the lower scale.

3) Unless you can show that the father is sustaining a hardship from paying this amount, the court will not be persuaded in reducing it.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
It was set on the lower end because she makes $55,000 a year. My question is not of the support. Since she modified the original order, can we do the same and retract the 4k agreement?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for the clarification Customer.

To retract a settlement agreement you must first read over the divorce decree and see if it allows for the modifications. If the agreement contains provisions that say that it is "non-modifiable" or "permanent" or similar language to that effect, then the court no longer has jurisdiction to modify it.

If there are no such terms, then modification can be sustained only upon a showing of a substantial change in circumstances which warrants the modification. A change in circumstances could be the inability to make the same amount of profit, hardship in making such payments, losing the farm, losing that earning capacity, agreement to modify, or anything else which can be shown through documentation that paying 4K is no longer possible. Again only with showing a substantial change in circumstances would you have legal standing to petition the court for retract a term agreed by the parties.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Expert:  Attorney & Mediator replied 9 years ago.
Let me know if you need further help here, thanks.
Customer: replied 9 years ago.
It was agreed to be money for their daughter. That has not happened. The actual divorce settlement was $60,000 cash and he had to pay off her car and give up his boat and the entire contents of the house. Now, it's almost time for college and the 4k a year that was supposed to be for that is gone. Please keep in mind that we have her son who still lives with us...but he is 19. Now, in a few months she wants more money! We are eating p.b.j here. On top of it all, we have not seen his daughter in a year. Thanks for your help. I just find it so hard to believe! She takes a vacation eight times a year and we can barely afford our truck payment.
Expert:  Attorney & Mediator replied 9 years ago.
Hello Customer:

1) Having the adult son in your custody is unfortunately irrelevant to the legal issues at hand.

2) If the 4K was intended specifically for the use and benefit of the daughters schooling and the mother has not complied with those terms, then by law she is in contempt of the court orders and your husband can proceed with a motion of contempt against her for not complying with the divorce agreement. In the motion for contempt, she will be sanctioned for failing to comply as court ordered. Your husband can then proceed with asking the court to allow him to take care of the educational needs of the daughter either by setting up a trust or bank account to disperse the money only as needed for college. So this is what your husband should do. Now if you are eating p.b.j. and you can show that you are not able to afford paying these proceeds, then your husband should proceed with filing for a modification hearing. You will need to show your financial statements and debts to persuade the judge in reducing the amount or terminating it all together.



Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
Relist: I prefer a second opinion.

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