Child support modification and arrearage
My ex and I divorced in 1991 and he received custody of our 2 sons. I was ordered to pay child support for my sons. In 1998, our oldest son turned 18. At that time, his father and I made a verbal agreement that I would pay 1/2 of the ordered amount since one child had aged out. In July of 2004, my ex's wife stopped receiving child support when her last child turned 18. At that point, my ex contacted me to say that he now wanted more child support. He turned me in to the Child Support Enforcement Division who determined that I am in arrearage because we never had the divorce decree modified when our oldest son turned 18. My question is: Are there any cases to support a verbal agreement regarding child support? My ex accepted the amount that I sent for over 6 years and never filed a contempt charge or asked for a modification through the court. I do not have a problem with a modification in child support but I do not think it is fair that he can now say that there was no agreement after six years and demand that I pay an excessive arrearage. By the way, the arrearage amount also includes day care costs - my youngest son has not been in daycare for over 8 years. Please advise.
1 Answer from Attorneys
Re: Child support modification and arrearage
You will need to seek modification in court and ask it be retroactive.