My ex signed an agreement to modify child support. He has now changed his mind. Can he legally do this?

Question

I took my ex back to court for unpaid CS and to set future CS according to guidelines. We came to an agreement at the courthouse (not with a judge, but both of our attorneys were in the conference room). The details were written on a court minute, signed by me and my ex and both of our attorneys. The judge signed the minutes and filed it with the court clerk.

My ex went home and calculated CS based on the income I was assigned and figured out he could pay less if my income is assigned differently.

I have been a stay-at-home mom for 2+ years, thus my income was $0. This was my choice. Prior to that I worked 3 years and my income was $25k per year. He asked to have my income calculated at minumum wage for CS computations. (Ex's attorney had my tax returns and income statements for the past five years six months before we went to court.)

I want CS to remain as it was set in negotiations. Can it be altered because my ex changed his mind after seeing what he will pay?

Answer 1

Its not as simple as him "up and changing his mind" after a legal agreement has been signed and settled with legal representation present.

He would have to go back to court, try and convince the judge as to why the amount should be changed, and why did he sign the original agreement in the first place.

The judge will then make the determination as to if the order will stay in effect or if it will be modified.

The cost of hiring an attorney, missing time from work, filing documentation to the courts, gas-transportation should be considered when he is trying to get a modification.

Unless, he wants the amount dropped by thousands, then he will end up losing more money and time over something that might not go his way.

You said your income was recorded as minimal wage, but its really "0"?

If you go into court and show the judge that you really make nothing, does he know that his obligation may increase?

You have a better chance of getting more money in a modification than less.

Is it really worth it to him to take away from the livelihood of his child? He should think all of this thru before going into court.

Good luck with this and I hope that your child gets all that he/she deserves.

Answer 2

Your part of the Income per CS guidelines is your potential earnings if you work full time. You are expected to get a job and work unless there is some other agreement that the court and CS approve.

Your income on the worksheet should be 25K adjusted up to current market rates. So say back then it was 25K but now that job typically pays 30K, then 30K should be your income.

Yes, your EX has every right to motion for a change. Minutes mean nothing, he has to issue an order. Then CS gets the order and does their work.

Answer 3

Probably not without a new agreement or a court order. See your attorney.

Answer 4

Typical loser, trying to take the easiest and cheapest way out.

You really need to talk to your lawyer and ask him because non of these answers here on Yahoo! will be 100% creditable since they are not lawyers.

Answer 5

If he takes you to court he can try to change it, but if it was signed and filed away, he can be liable for jail if he does not pay the allotted amount.

Answer 6

Just be glad he didn't quit his job and move to Malaysia. A little money goes a long way there, and he can go to Australia to make some money when he runs out.

Answer 7

You need to speak to someone in family law and I don't think you will get an accurate answer here.

Answer 8

Not unless you go through the same process to modify it again. Don't agree to it, and it won't happen

Answer 9

He would have to go back to court.