Hello, I need help my husband Ex wife say that my husbands owes here back pay because in middle of 2015 to 2017 they had a verbal agreement that he would no longer be able to pay $1000 dollars a month because he was retiring in December 2014 and will not receive a check for about 7-8 months but still responsible to pay support and health care insurance. He got a side job mean while and NEVER missed a child support check from 01-2015 to 06-2015 he paid a $1000 a month , he does not pay for JULY and AUGUST because he fly the kids down to him or summer. Then he lowered child support to $700 a month and she was very upset but this kept going on till 09-2016 he then started paying $800 and $100 out of the $800 dollars a month was to help with his son braces which she called and said she needed help and he don’t have too because he pays $650 for health insurance and she is responsible for other cost like copay etc. but he helped her.
The reason why he had to lower child support was because he didn’t get a check for 7-8 months due to retirement process which he told her the previous year it would happened. In April 21st,2015 he had a new child with me his now wife. Then in 2017 we lost everything with 2 Category 5 Hurricane Irma and Maria. He paid $1000 dollars a month from January 2015- June 2015, then September 2015- June 2016 he paid $700.00 he then raised it to $800 from September 2016 - October 2017. (Keep in mind that besides the money that he sent for child support he bought whatever else they needed for school or personal stuff including clothes , computers, phones, shoes, calculators, books, etc.)
She now wants back pay for 2015, 2016, and 2017 and we feel we shouldn’t have to pay the $6800 she is requesting,because he never stopped paying he just couldn’t afford to pay more than the above with all the life changing circumstance. After the Hurricane in September 2017 we relocated from the Virgin Islands to North Carolina where the kids live and she didn’t like the idea that we were living in the same state nut finally came to an agreement that the kids will be with us every two weeks and it was working fine. How ever when she sent the message about the back pay she also included that one of the kids the 16 year will no longer be coming every two weeks and she wants $400 child support she is not asking anything for the 18 year old because he is now consider an adult he stays here every two weeks like before. But we don’t want to pay her $400 child support we want to fight for joint custody like it was before.
Do you feel we owe her back pay? Do you think is fair she has decided that she no longer wants the 16 year to come every two weeks like before? The reason why we decided to move to the state of North Carolina after the hurricane was to be close to the kids and for their little brother to grow closer to his brothers.
The first agreement for $1000 a month between them was in 2007. It has never been revisited in 2015-2017 was when the change was made.
If there is a court order or separation agreement in place that states the father is to pay $1,000/month and at any point did not do that, then he would owe back child support if the court order or separation agreement was never modified/amended at the time.
The mother alone cannot dictate where the 16 year old child resides. Assuming there is joint legal custody and both parents are legally able to make major decisions for the minor child, then the father has equal say so in custody/visitation and the mother cannot unilaterally decide. The father will need to file a custody action against the mother (if there is not already a custody court order in place) or he will need to file a contempt motion and/or a motion to modify custody (if there is currently a custody court order in place).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
They both had agreements before between them. 2015 through 2017 she knew about he lowering the amount due to life changing events but only know is claiming pay back. Nov and December 2017 through September 2019 they both agree on having the kids every other 2 weeks and no child support and it was working just fine.The older one turned 18 and then she sent an email stating that the 16 year old will no longer be coming back and forth and she was $400 a month for his support said it was an agreement between both. (So even though they both agree and the kids were living with us every two weeks can she still claim back pay for those years too?)
After looking at divorce settlement agreement papers it says: Am not sure if it was court ordered
CHILD CUSTODY. The parties agree to memorialize the details of the child custody and visitation rights in a document titled child custody and visitation agreement to be executed contemporaneously with the Execution of this Divorce Settlement,
.
The child Custody and visitation agreement is not court ordered is a binding agreement between both of them. It is signed by both of them not the court.
If the settlement document is signed by both of the parties but not a judge, then the document would be a contract, or a separation agreement, between the Husband and the Wife.
If the agreement was never amended to reflect a different amount of child support, then the father could be liable for any amounts never paid. However, he may have arguments that there was an offer and acceptance for a lower amount.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.