Early I asked the following question: I've been divorced from my first wife for 9 years and our degree directed child support for both children. After my daughter entered the Air Force my support for her was terminated and my ex thretened to reassess for more support for my son through California and we came to an agreement of give her the additional amount I was providing for my daughter through email. I'm remarried and have a 7 year old daughter and I'm retiring from the Air Force and my annual income will be less than what it currently is. My question...is the email legal binding and can I go back to what is directed through the divorce degree?
I recieved the following answer, which was very helpful : A court may decide that a 7 year history of compliance with an agreement is binding on you. You can request the court reassess child support based upon a significant change of circumstances, i.e. your retirement.
I have one more question based onthe answer. We agreed to the increase via email in 2010/11, so there hasn't been a 7 year compliance. Would this make it easier to return to what is directed in the degree?
2 Answers from Attorneys
If there are emails back and forth that confirm the agreement then it will almost certainly be binding,
Yes, and an unanticipated change of financial circumstances should be considered.