Child support reduced after a certain age?


#1

Dear SLB02:

Greetings. Have you run our child support calculator? No, I doubt that your spouse can amend this on his own. Remember that even if both parties come to a verbal agreement, without a proper, written, legal agreement, your spouse is still on “the hook” for the child support he is obligated to pay in the agreement.

The court can also change this amount to the guideline amount. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#2

Ms. Fritts,

IF my husband and his ex come to a verbal agreement for a child support reduction, would a notarized letter with both signatures be substantial? If they “agree” for 1 year for xxxx amt. of money, do you deem it wise for my husband to send her a letter outlining such agreement, and then have them both sign this (notarized)?

He also wants to stop paying her directly and just go through DSS child support. Therefore, do you recommend that we just go ahead and fill out the paperwork for DSS, and thereby this whole whole case ultimatly go to court?

Thanks again. I’ll not bother you with this continuous saga again!


#3

Dear SLB02:

Greetings. First, yes, I think that you should just go ahead and contact the child support enforcement agency (which is different from DSS). It does not necessarily have to go to court even with child support enforcement, because they have case workers that will talk to both your spouse and his ex about the correct amount of child support.

As far as what document would work - I would need to see the prior agreement that is signed by the parties to know exactly what would work. If the document was drafted correctly, an amendment which was notarized may work. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

My husband has been giving his ex-wife the same amount of child support as he did when he was in daycare. Now that he is no longer in daycare (he’s 12), does he still have to maintain this amount?

In short, he needs to reduce this child support amount in any case (he has taken a different job which only pays him 1/2 of what he made). His separation agreement only outlined that he should pay 15% of any pay increase. Nothing else is stipulated in there regarding the child support amount(s).

Can he “amend” this on his own, or should he seek legal counsel?

Thanks.