I understand your concern. If the agreement does not permit a modification then technically he still required to pay you what the agreement requires. If the two of you cannot work out something you both agree to then your option to enforce the contract would be to sue him for breach of contract. If you did so it would work out one of two ways:
If the court found he quit his job or was otherwise voluntarily unemployed, or was not making sufficient efforts to secure new employment, they would likely conclude that he had the means to comply with the contract and was choosing not to. In that scenario, they would order him to pay you what was written in the contract.
If they found his income was involuntarily reduced and that he was trying to find a new job but could not comply with the contract, they may find that he is not in breach and could order any number of remedies.
You should also be aware that the court can modify child support to conform with the child support guidelines.
It is probably in your best interests to work with him on a new amount, but you don’t have to accept what he offers. I hope the two of you are able to come to some type of agreement.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.