Child Support Arrearages


#1

My ex and I made a side agreement to reduce child support.

The aggreement stated:
“The child support is, temporarily, reduced from eleven eighty two to six hundred a month. If the check is not received in a timely manner, and is not the correct amount, court proceedings can begin for voluntary wage garnishment. Reevaluation will occur the first week of September 2014, with a mediator.”

Questions:
1.Can my ex legally sue me for the difference in what I have been paying ($600/mth vs. $1182/mth)?
2. Can they make me pay her attorneys fees as well?
3. The last line of the aggrement states, “Reevaluation will occur the first week of September 2014, with a mediator.” Reevaluation was never brought up by my ex in September and the amount I am paying wasn’t mentioned again until Februray 2015. My ex never took measures to reevaluate and/or discuss with a mediator ans she continued to accept the $600/mth. Can this be used for my defence as well?

Thank in advance for your help~


#2

In order to provide a response, I will need to know if the $1182 child support obligation was made by court order or if it was contained in a separation agreement. Please let me know and I will be able to answer your questions.


#3

The $1182 child support obligation was made by court order.


#4

Technically, you and the other parent cannot simply change the terms of a court order with out of court contract. The best way to do that would have been to enter a consent order for modification of child support. The other parent file a motion for contempt (because you have violated the order) and seek to get paid the balance, but you will have the ability to present your out-of-court agreement to the judge. Ultimately it will be up to the judge to decide how to treat your agreement. As far as attorney’s fees go, the other parent can ask for attorney’s fees and the judge an order them if the other parent satisfies the requirements to seek attorneys fees.