Greetings. Wow, this is a whopper of a question! Let’s see, where to start?
Husband will still be responsible for child support, because he will be voluntarily depressing his income when he knows that he has a child support obligation. Maybe in addition to raising your own children, Husband wants to start a daycare service? That may not be a voluntary depression in bad faith…but only a judge would know for sure.
Is child support currently by agreement or order of the court?
The college funding provisions of the separation agreement can only be changed by making further amendments to the separation agreement which are signed by both parties and notarized. This would be difficult, because you would need his ex-wife’s agreement.
Hope that helps.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.