Dear carolinagirl:
Greetings. If your spouse voluntarily decreases his income then he can request a reduction in child support, but you can request that the court “impute” his income at his old level because he is voluntarily depressing his income. The only problem is that you will have to prove “bad faith” on his part - which if you just had to enforce an agreement against him, bad faith may not be so hard to prove.
Yes, you can have your attorney draw up this document, but in the event of your death (knock on wood), the biological father has superior rights to the child, regardless of your written document. Now, in the event of your death, your parents could possibly institute a custody action in order to get your daughter to live with them.
Finally, even if he is your ex, I sure hope he weathers “Frances the Hurricane” in Florida well. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.