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?
Answer:
I can give you a general overview of the law regarding modification of child support. However, I do not practice family law in your state so I cannot give you legal advice on divorce regarding the specific laws or procedures in your jurisdiction.
In order to change your existing child support order, you need to have a new order entered with the court. If you and your ex-wife have agreed to modify the amount of child support, you can file an Agreed Order or Stipulation agreeing to modify the current child support order. This can be done relatively quickly and without a hearing.
It is imperative that you have a new court order entered in order to protect yourself against liability for back child support in the future.
Child support payments are typically monitored and enforced by the state, so the child support enforcement agency in your state would also have to be notified of the change, which is usually accomplished by entry of a court order.
If your child support payments are automatically deducted from your paycheck, notice of the modification will also need to be sent to your employer.
You should contact a qualified domestic relations attorney, such as Cordell & Cordell, for more information or seek advice in our child support forum from fellow divorced dads..
To schedule an appointment with a Cordell & Cordell attorney, including Erin Brockhoff, an Associate Attorney in the Belleville, Illinois office, please contact Cordell & Cordell.
