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Paying a Little Less in Child Support Than Ordered in Divorce Decree

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  • 06-13-2012, 05:58 AM
    smellgoods
    Paying a Little Less in Child Support Than Ordered in Divorce Decree
    My question involves child support in the State of: Maryland

    My ex wife and I divorced in 2003 at which time I was order though the divorce decree to pay $800 a month in child support. At the time of the divorce I was making more money than my ex wife. In 2008 I retired from the military and the contractual job that I had ended, so my income was substantially less than when the order was put in place. I didn't request a modification but tried to maintain the support off my retirement income. When my ex realized that it was beginning to be a struggle for me she offered to me that I could pay her $100 less in support per month. Unfortunately, I paid her in cash for most of the payments but I did continue on a regular basis pay her $700 (every month!) until this present date. Now my ex wants to go back and collect the "arrears" of $100 from the past four years that I didn't pay. We are both agree that I have paid her the $700 but not the full $800. My ex now makes more money than I do, so I was wondering if she can "as she promises" have the courts garnish my wages even though she suggested I pay her the lesser amount.
  • 06-13-2012, 06:36 AM
    Mr. Knowitall
    Re: Paying a Little Less in Child Support Than Ordered in Divorce Decree
    You should have sought modification. It sounds like your ex- is going to deny that there was an agreement to modify your support or forgive the difference. Do you have any evidence of an agreement?
  • 06-14-2012, 05:36 AM
    smellgoods
    Re: Paying a Little Less in Child Support Than Ordered in Divorce Decree
    Yes, there's an email from her stating that she agreed to the reduction. I gained full time employment again about 2 years ago. But as I stated I continued to pay her $700 just not the full $800. So, should I only be responsible for the arrears for 2 years?
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