If he signed an agreement stating he would pay child support pursuant to state guidelines while he was unemployed then as long as he is working now, there shouldn’t be a need to change that.
State does not mandate that a parent must pay child support after age 18 or graduation from high school, but since your ex signed an agreement stating that he would pay the 30% until age 22 or graduation from college then I would say that he really doesn’t have a way out of it. He can modify child support according to the guidelines but with an agreement signed in place with the courts, I don’t believe that he can modify the age and time frame, possibly the amount…maybe an attorney will respond on this one.
If there are two documents with competing provisions, the court would look at the intention of both of you to try and determine what the intention was. It is unlikely that your spouse would be able to terminate child support, however I would advise you to review all of your paper with your former attorney or with a new attorney so you can get all of your facts together.
It also sounds to me like the pursuant to state guidelines provisions only applied while he was unemployed, if that was the case, it would not have any bearing now.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
Tricky one here.
My ex and I separated in July of 2005, and had a separation agreement that said that CS would be paid pursuant to state guidelines while he was unemployed (which he was at the time.) Later in the separation agreement it says that he agrees to pay 30% of income for our two children until age 22 or completion of 4 year college once he becomes employed again. It has a lot of terms around college attendance. Both kids are special needs, which is why he agreed to the extended terms and amount.
This same wording around the 30% and college and 22 is in the consent decree/custody order issued in may 2006 with exception to the line about “pursuant to state guidelines.”
I changed attorneys to handle my divorce in March of 2007. The new attorney included the original separation agreement in the divorce papers because it had all the propoerety division in it and such, but he missed the fact the pursuant to state guidelines comment was in it, and it was not in the custody orders/consent decree.
So now my ex has got a new girlfriend who resents him payingchild support. He has filed for a motion to modify claiming that the verbiage saying according to state guidelines cancels the rest of agreement and that my son turning 18 equals a material change of circumstance.
So this was error by the second attorney, though all three documents (which he agreed to three times- nothing was ever contested) have the same terms for child support with the 30%, age and college wording, will it cause the judge to throw out the other terms and stop CS for my son who has turned 18?
D