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Can a Seperation Agreement be overruled when calling a specific amount in CS?

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LdiJ

Senior Member
I am saying that an agreement that is against the law cannot stand -- there are legal ideas that take this into account. Child support can be ended at age 19. That is up to the court to decide. NOT one of the parties. So the point is, he should NOT have just stopped paying.
I am going to have to disagree with the theory that an agreement cannot be written that allows alimony to stop without it having to go back in front of a judge.

Its possible that this OP should not have just stopped. Its also possible that their agreement was written in a way that allowed him to just stop. However, what is certain is that the conditions of the agreement that allowed alimony to stop actually happened. Therefore, to repeat what I said previously, he is probably OK. His ex obviously thinks so since she hasn't taken him to court for contempt for stopping. All she is doing is properly taking him to court to modify child support to guideline levels.

Although, when push comes to shove, he might very well have been better off financially to have NOT stopped paying alimony. Based on my guess of his income level, His net disposable income may not change by much, since he is losing the tax break on the alimony, in exchange for higher, non deductible child support.
 



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