If your separation agreement allows for modifications of the child support based on a court order, then your wife may be able to have it modified. It will depend on whether or not the court feels that the children’s reasonable needs are being met with the current amount. However, if your agreement does not speak to how or when child support is to be reduced (i.e. when your oldest child graduates from high school), then your failure to pay according to the agreement is a breach of that agreement. A verbal agreement won’t hold up in court when you have a written agreement to the contrary.
If you are paying child support for another child, then it should be included in your worksheet calculations. If you can show it would be in your children’s best interests (based on a substantial change in circumstance) to be with you instead of her, a court may order a change in custody. However, if your only reason for changing custody is to avoid child support, then you may not fare so well.
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
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.