Child support & current court order
I have 2 questions
1 our current court order states 2 thing 1 that my ex husbandis to by $60 a week for child support (11/00) in 2003 he willingly decided to pay $100 he did not want to go to court so we made the verbal agreement that he would pay this amount we are going to court 2/4/08 for and increase of child support. Since we have a verbal agrrement and he has paid the $100 a week for the past serveral years is it legal for him to stop paying the $100 a week and go back to the $60 ?
My 2nd question is in the court order he was to pay for my childrens sport every other month once they both started doing sports he asked me if we could just split it monthly instead of him paying the full amount every other month I agreed to that well since sign up for there next sport is the day we go to court him & his wifr are saying they don't have to split it because child support will be going up andit will void out that order my question is isn't the current court order in affect until we have a new 1 in hand I know we will not be handed a court order on the day we go to court so do they still have to split the sign up fees
thank you very much
1 Answer from Attorneys
Re: Child support & current court order
You have posed an interesting set of questions. There is a good reason to be concerned. The court issued an order. Both of you have violated the court order by privately changing the amount. You should have filed your changed agreement with the court.
In any event, when you go to court in February, you will both be required to file complete financial affidavits. Child support will be computed based upon those affidavits. You should check the court rules so you have them in advance of the hearing, examine them carefully and be sure they are accurate. Variations from the child support guidelines are permitted under specific conditions. I do not know if you have met any of those conditions.
There have been some changes in what is required beyond child support. The extra curricular activities, such as sports, are generally not added to child support, but are included within that amount.
I suggest that you should hire an attorney as there is much at risk and the rules and proceudres can be confusing. An attorney would be able to perform a thorough review of all of the facts and circumstances so that you know your rights and options before you set foot in the courtroom.
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