QUESTION
Do we have to go back to court to change our support agreement?
Asked on Apr 30th, 2014 on Child Custody - Idaho
More details to this question:
My ex-husband and I divorced in 2004. We have had a very amicable divorce. I paid child support to him. In 2013, our oldest turned 18 and our youngest came to live with me full time. He is not looking for any money from me and I'm not asking him to pay me. Thanks.
5 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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In North Carolina, it is always best to have child support formally modified especially if there is a court order in place but if you prefer you do not have to go back to court you can simply agree between yourselves to modify child support. Especially if you pay him directly instead of going through an agency such as Child Support Enforcement. If you do choose to simply agree yourselves to modify child support you should at least get something in writing that states your agreement or you could get stuck paying back support if he tries to enforce an order at a future date.
Answered on May 01st, 2014 at 4:05 AM
If there is a court order regarding support I recommend entering a new order to reflect the current situation, especially if you are the one benefiting financially. It's way too easy for people to change their minds later; if you are supposed to be paying then how do you defend yourself later if things go bad? All the court sees is an order for payment that is not being followed.
Answered on Apr 30th, 2014 at 8:51 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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It depends on what the terms of the initial agreement are.
Answered on Apr 30th, 2014 at 7:19 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If there is a child support order in place that says you must pay, and the living circumstances have changed as you have stated in your question, you should modify the support order to a no-pay order. This is to protect yourself as you can be sued for back child support t anytime.
Answered on Apr 30th, 2014 at 6:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If somebody has to pay now, then yes you will have to go to court to stop the payment requirement.
Answered on Apr 30th, 2014 at 6:50 PM