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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36683
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband and his ex-wife agreed to lower the child support

Customer Question

Hi
My husband and his ex-wife agreed to lower the child support payments in 2010 and she has accepted the lower amount for five years. She is just now saying since nothing was filed legally that we owe the difference over the last five years.
Since she has been accepting the same amount during these five years, would she have a case to get the difference now
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today.
Unfortunately, a private agreement between parents for the modification of child support is not enforceable in court and if your husband's ex takes him to court seeking the unpaid arrears that had been ordered by the court---despite the fact that she capitulated to accepting less----the court will award her the arrears along with interest.
I'm very sorry but your husband has no legal defense. The only way to ensure that child support modifications are legal and enforceable is to have them approved and ordered by the court.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug

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