Child Support.....does it go both ways!


#1

This is an insert from the divorce agreement…

It is understood by the parties that the reasonable needs of the children can be expected to increase in the future, taking into account the effects of inflation as well as increased costs and expenditures necessary for the children even without inflation as they are growing up. It is also contemplated that the income and assets of the parties will increase in the future. Based on this, the parties wish to provide a mechanism for increasing child support on an annual basis for the benefit of the children without having to return to court for a judicial determination of the same if it can be avoided. The parties agree to review and recalculate child support on an annual basis beginning August 2005 and each year thereafter by exchanging tax returns including all attachments (W2’s, 1099, etc.) and applying the North Carolina child support guidlines then in effect.

Points to note: 50/50 custody

My question…

It is understood that if the father’s income goes up, then he is expected to pay more child support based on what the child support calculator says each year after reassessing the tax returns.

However, due to layoffs, unemployment and substantial changes with the father, the child support has gone down significantly but has been paid every month and the right amount based on income basis the child support calculator. Both parties agreed to the amount each year.

It does not state in the inserted paragraph from the divorce agreement that if the incomes goes down, then the child support would be adjusted accordingly.

Now the mother is sueing for back child support based on the $1,500 a month owed child support that was intially stated in the agreement.

Is the father protected from having to pay this, since he paid everything he was suppose, if not more, based on the child support calculator. [/b]


#2

So long as the father was paying the amount agreed to for the months owed, the mother is not entitled to back support.