Newbie here! Really need some child support advise
Hey Guys! I'm so glad to have found this forum! I've never really had anyone to talk to that is in my situation. Ok...Here it goes. My husband divorced his first wife in 2007. They had a separation agreement that stated that he would pay $650/mo child support for their daughter who was 3 at the time. It also stated that she would pay their daughters health insurance. In the agreement it also stated that he would only have custody every other weekend. Shortly after it was incorporated into the divorce we were getting her every Tuesday and Thursday as well as every other weekend. She also started kindergarten so there was no $650 for preschool anymore and My husband added her to his medical insurance. They verbally agreed to $200/mo after these changes but never got it in writing. 2 years later she claimed she never agreed to that amount.They then agreed to $400/mo and my husband got a lawyer to get the paperwork ready and she refused to sign it. She will not modify the agreement at all. My question is how do we solve this because right now if she can claim this as back child support then we would have to pay her 17,500. That number is going up $250/mo. If you go by the child support worksheets then she should actually pay my husband $53/mo. Though she is not starting anything right now I know eventually she is going to come back on us for this and we do not have the money to pay her. What should we do?? Thank You for any advice you can give me!!
If you never got her to sign
If you never got her to sign anything then you are responsible for it. I am sorry to say it, but a child support order is an order until it is changed by the courts. Why on earth would he do this without her signing anything?
That's what I said to him. I
That's what I said to him. I kept telling him to get it in the papers. I'm trying to get him to see this affects me and our son too. This last time though she refused to sign. I don't know what to do at this point because the way it looks is that we would have to pay her back all of this money before we can get it revised. I don't know where we would get that much money. She won't sign anything because she knows we can't do anything. Does it make a difference that she is supposed to be paying health insurance and hasn't since they verbally agreed to the $200?
Yes, that will help the case,
Yes, that will help the case, since that was ordered as well. He can probably justify the cost of adding skid to insurance in the reduction. So, at least both parties are at fault if she takes him back to court over this....
In CA, you can go to the
In CA, you can go to the child support agency and open up a case. They will do all the legwork for you and establish a court order. All of this is done with the agency's lawyers.
Not sure where you are as I'm sure it's different in every state.
We are in North Carolina.
We are in North Carolina. Thanks for the info. I will def check this out.