Question:

Per our divorce decree, I agreed to a set percentage of my income be used for child support in exchange for her keeping the marital home. The percentage used was less than the standard percentage for child support. Three years later, my ex-wife is requesting a child support modification from our agreed upon percentage.

Can this happen? What is the purpose of an agreement if this can changed three years later?

Answer:

First let me preface my answer by stating that even though I am licensed to practice law in the state of Texas, I do not hold an active license in Texas. Cordell & Cordell does have attorneys who are licensed to practice in the state of Texas that would be willing to sit down with you and answer your questions.

In most states, child support is always modifiable even if the parents initially are in agreement as to what the child support should be set at. In some states, Courts have modified child support even though the parents specifically agreed to make child support non-modifiable, so it really depends upon your state's statutes and case law with regard to how child support should or could be modified.

You should speak to an attorney in your jurisdiction to find out all of your options.

Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.