Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My ex-wife and I have operated off a 50-50 verbal child custody agreement since our divorce several years ago.

Our divorce decree only gave me parenting time every other weekend so our verbal agreement really benefited my children and I. Now she says she wants to revert back to the original court-ordered custody arrangement.

Do I have any rights to enforce our verbal child custody agreement?

Question:

I know verbal agreements to pay a different child support amount usually do not hold up in court, but what if the couple had a written and notarized agreement?

As my income decreased over the years, my ex-wife and I agreed that I would pay her a lower amount of child support than what the court ordered. I have a notarized agreement documenting her acceptance of less child support.

Now she claims I owe her back child support since I did not pay the full court-ordered amount.

Will the notarized agreement allowing me to pay less child support hold up in court or am I on the hook for child support arrears?

By Matt Allen

Editor, DadsDivorce.com

U.S. Rep. Joe Walsh is embroiled in a child support dispute in part because he made one of the biggest mistakes divorced dads can make: he relied on a verbal agreement to modify his child support orders.

Walsh’s ex-wife claims he owes $117,000 in child support and interest. The U.S. congressman from Illinois said he and his ex reached a verbal agreement on child support that they never formalized because they "were both tired of court appearances and the resulting emotional and financial impact on the family," according to court documents.

His argument may be a tough sell to the judge because even if you and your ex-wife made an agreement on the side to lower the child support amount, the court may not recognize the agreement.

Question:

How do child support laws apply if my ex and I verbally agree to a child support modification?

If she verifies the modification of child support in an email or written statement without going to court, would that stand up in court if she were to contest the modified amount in order to get back child support based on the original orders?

Question:

How can I protect myself from false allegations when arguing in a divorce and child custody case?

Every time I get in a verbal argument with this individual, she falsely accuses me creating a violent home environment and threatens to call the police to remove me.

What are some tips on how I can protect myself?