Can Your Ex Collect Support Arrears After Informally Agreeing to a Reduction
I live in Fresno, CA. My ex and I got divorced and have never been back to court since. We’ve made many changes to our original support agreement on our own. One of those changes is coming back to bite me. My original support amount was $1450 a month. 6 years ago we came to an agreement to change it to $1100 a month. Since then for the past 6 years I’ve paid $1100 a month. It’s been fine up until now, as the kids are reaching adulthood. One of the kids turned 19 recently and the other is 17. As they’re starting to drop off child support my ex now has a desire to file a claim and go back and collect the difference between the $1450 and $1100 for the past six years. I have all my receipts for the $1100 payments for the last 6 years. Is there any recourse against my ex claiming back due child support in this situation?
Re: Threatening Court Over 6 Year Old Oral Agreement
So in the divorce, you were court ordered to pay $1450 a month? You guys then decided to reduce it but the court order was still in force for $1450? Now she wants to take you back to court for the "arrears"?
Re: Threatening Court Over 6 Year Old Oral Agreement
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radioflyer46
I live in Fresno, CA. My ex and I got divorced and have never been back to court since. We’ve made many changes to our original support agreement on our own. One of those changes is coming back to bite me. My original support amount was $1450 a month. 6 years ago we came to an agreement to change it to $1100 a month. Since then for the past 6 years I’ve paid $1100 a month. It’s been fine up until now, as the kids are reaching adulthood. One of the kids turned 19 recently and the other is 17. As they’re starting to drop off child support my ex now has a desire to file a claim and go back and collect the difference between the $1450 and $1100 for the past six years. I have all my receipts for the $1100 payments for the last 6 years. Is there any recourse against my ex claiming back due child support in this situation?
You can't just change a court ordered child support amount on your own. I think you're probably screwed. Technically you owe the arrears. If she doesn't say she made a deal with you and if there's no proof she said it, you are paying what's owed.
Re: Threatening Court Over 6 Year Old Oral Agreement
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qwaspolk69
You can't just change a court ordered child support amount on your own. I think you're probably screwed. Technically you owe the arrears. If she doesn't say she made a deal with you and if there's no proof she said it, you are paying what's owed.
While you can't change a court order on your own, they can come to their own terms for child support. And since the Ex accepted and acquiesced to the reduction for six years, without any apparent detriment to the raising of the children, to now file for arrears (based on the original order) can be defeated with a defense of latches.
http://scholar.google.com/scholar_ca...40328507179435
http://scholar.google.com/scholar_ca...29054393963019
Re: Threatening Court Over 6 Year Old Oral Agreement
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budwad
I wouldn't count on laches as there are several differences between OP's issue and these cases.