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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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If my husband had a support order stating one amt, lost his

Customer Question

If my husband had a support order stating one amt, lost his job and agreed to pay 20% weekly with his ex-and always paid accordingly...
can she come back now and get the extra even though they agreed out of court to settle things this way? And can we go back over his income over the last few years and prove that he paid accordingly?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lady Themis replied 4 years ago.

Thank you for your question.

 

I'm afraid I don't have good news for you. A private agreement to modify child support that was not made a court order is not binding on the court. The court does not have to uphold the agreement, and it is possible that his ex-wife can now go back to court and recoup the amount owed. If she takes him back to court, your husband can (and should) try to defend by saying that they had an agreement for a lesser amount, and show evidence that he lost his job at the time the agreement was made. If he suspects that she will try to go back to court and recoup that money, it may be wise to file a motion to modify the child support at this point to at least have future payments reduced.

 

 

 

Customer: replied 4 years ago.
Will the court calculate current support weekly or is it based on a recent time period. How much can they request weekly for arrearage, if that becomes an issue?
Expert:  Lady Themis replied 4 years ago.

The support order will consider his average income over the last month or so. Usually the arrearage ordered to be paid each month is a percentage of the current support amount (such as 20%). It is usually low so as to allow the parent to be able to keep current on support amounts.

 

 

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