I think the guidelines are 15% income change - if she’s making a 15% income change, then I think you can go ahead and re-evaluate support. I think the original clothing agreement you had was more than fair, but too generous, as the child support is supposed to already go towards things of that sort. I think considering she’s making more child support should be re-evaluated and the clothing option taken out, especially considering you’re already not following it as it was to begin with. Usually it deals with just medical and daycare.
The answers to many of your questions depend on the specific wording of the Agreement. Generally, an agreement cannot be verbally modified and any modifications must be done in writing. She can sue him and ask to enforce the Agreement as written. If you wen tto court to address the child support issue all of the provisions may be revisited, unless the agreement states otherwise.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Charlotte, NC 28262
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My husband and his ex currently share joint physical and legal custody, with equal time, of their two boys. Their final agreement, turned order, states that he will pay her $250 per child per month. It also states that twice a year (April & August) he will reimburse her for 1/2 the total amount for clothing 30 days after being presented with an itemized receipt up to the amount of $250 per child. Also, he is to cover them for medical insurance.
Currently, by verbal agreement, they do not follow this order exactly. We each buy clothes for our own houses and he pays her for carrying them on her insurance through her work. He also give the boys extra money for field trips, lunch money and pays the sitter 1/2 the money during the summer because they are there longer and the cost is greater.
My oldest stepson had decided to live with us full time but now seems to have gone back on that decision…Not really sure of the details yet on why but I have a feeling that it has something to do with the money. She makes a lot more now than at the time this was agreed to so child support would decrease by almost $200 a month.
Question: If we attempt to modify child support, or have it re-evaluated with them still sharing custody, would the clothing deal be included into that or would that part of the deal be considered an issue of custody? Would the entire agreement have to be looked at again to modify support? Would there be any way that she could get the courts to enforce the original agreement and expect to get paid for clothing bought for the last 3 years after allowing these changes?