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

[adriana3375]

What is the name of your state (only U.S. law)? Virginia

My question is can my soon to be Ex-Wife make me pay a different amount in Child Support that our Seperation Agreement has written in it ($1010) that she and her lawyer wrote up? I do realize that it is grossly under the VA standard but her Alimony was set at $2100 to offset it...but that ended as we had a clause of 1 year cohabitation would end this...which I have now stopped paying since 2013. She is now taking me to court to bring Child Support back to where it should be ($2300) and asking me to pay her arrears to back to Jan 2014 when Alimony stopped...and her reasoning was that because Alimony stopped she lost wages and has the right to redo the agreement...is that right? Can she redo the Sepeartion agreement without me signing off? I tried to redo Alimony before the end of 2013 making alimony go away and bringing Child Support up to $1800...she said no and my addendum died there...isn't it the same for her? I've been struggling financially because of the current Seperation Agreement and thought I had some breathing room and with my youngest going into kindergarten this Sept Child Support should drop to $1700-$1800 where I tried to get it to over a year ago...sorry if I'm rambling or if this jumps around too much...just confused...please help or any advise would be appreciated

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia

My question is can my soon to be Ex-Wife make me pay a different amount in Child Support that our Seperation Agreement has written in it ($1010) that she and her lawyer wrote up? I do realize that it is grossly under the VA standard but her Alimony was set at $2100 to offset it...but that ended as we had a clause of 1 year cohabitation would end this...which I have now stopped paying since 2013. She is now taking me to court to bring Child Support back to where it should be ($2300) and asking me to pay her arrears to back to Jan 2014 when Alimony stopped...and her reasoning was that because Alimony stopped she lost wages and has the right to redo the agreement...is that right? Can she redo the Sepeartion agreement without me signing off? I tried to redo Alimony before the end of 2013 making alimony go away and bringing Child Support up to $1800...she said no and my addendum died there...isn't it the same for her? I've been struggling financially because of the current Seperation Agreement and thought I had some breathing room and with my youngest going into kindergarten this Sept Child Support should drop to $1700-$1800 where I tried to get it to over a year ago...sorry if I'm rambling or if this jumps around too much...just confused...please help or any advise would be appreciated

Adriana? You are male? Child support is ALWAYS able to be modified provided there is a change in circumstances and what not.

 

[Zigner]

I'm confused - how would adjusting the alimony (down?) while adjusting the CS (up?) to compensate for it help you in any short-term way?

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

My question is can my soon to be Ex-Wife make me pay a different amount in Child Support that our Seperation Agreement has written in it ($1010) that she and her lawyer wrote up? I do realize that it is grossly under the VA standard but her Alimony was set at $2100 to offset it...but that ended as we had a clause of 1 year cohabitation would end this...which I have now stopped paying since 2013. She is now taking me to court to bring Child Support back to where it should be ($2300) and asking me to pay her arrears to back to Jan 2014 when Alimony stopped...and her reasoning was that because Alimony stopped she lost wages and has the right to redo the agreement...is that right? Can she redo the Sepeartion agreement without me signing off? I tried to redo Alimony before the end of 2013 making alimony go away and bringing Child Support up to $1800...she said no and my addendum died there...isn't it the same for her? I've been struggling financially because of the current Seperation Agreement and thought I had some breathing room and with my youngest going into kindergarten this Sept Child Support should drop to $1700-$1800 where I tried to get it to over a year ago...sorry if I'm rambling or if this jumps around too much...just confused...please help or any advise would be appreciated

Child support is always fluid and modifiable, so yes, she can file to have child support modified to guideline support.

 

[adriana3375]

Thanks for the responses

All...thanks for the responses... also:

OHIOGAL: I'm the father

ZIGNER: My Ex actually does not receive Alimony anymore since she lives with her now Fiance so she is not trying to change CS in our Sep Agreement to offset her lose of Alimony

LdiJ: Can she get it modified without my ok, concent or signature?

 

[LdiJ]

All...thanks for the responses... also:

OHIOGAL: I'm the father

ZIGNER: My Ex actually does not receive Alimony anymore since she lives with her now Fiance so she is not trying to change CS in our Sep Agreement to offset her lose of Alimony

LdiJ: Can she get it modified without my ok, concent or signature?

Yes, she can get it modified without your ok, consent or signature. Its not up to you, its up to the judge...and if the judge finds that your order is below guideline, the judge WILL modify the support.

 

[adriana3375]

ok understood but....

Thanks LdiJ for the quick responses....I do understand and really have no issues raising my CS...anything for my kids...but she's trying to get it effective from Jan 2014 to now...is that possible? I just followed what the Sep Agreement said but I did pay more since it was grossly under estimated....

 

[LdiJ]

Thanks LdiJ for the quick responses....I do understand and really have no issues raising my CS...anything for my kids...but she's trying to get it effective from Jan 2014 to now...is that possible? I just followed what the Sep Agreement said but I did pay more since it was grossly under estimated....

She probably cannot go back to January 2014, but it will likely be backdated to the date when she first filed for the modification. So, if she filed in December (for example) and the judge doesn't make a final ruling until May, its likely to be backdated to December. Therefore, you may want to set some money aside.

 

[I'mTheFather]

Hold up there... Did you just stop paying or did you go back to court and get a new judgment?

 

[LdiJ]

Hold up there... Did you just stop paying or did you go back to court and get a new judgment?

I think that he was ok to stop the alimony, because the agreement spelled out that it could be stopped under those conditions.

 

[I'mTheFather]

I think that he was ok to stop the alimony, because the agreement spelled out that it could be stopped under those conditions.

Did you check the Virginia code about that?

 

[LdiJ]

Did you check the Virginia code about that?

The code doesn't override an agreement. The code is for when an agreement doesn't specific something.

 

[Ohiogal]

The code doesn't override an agreement. The code is for when an agreement doesn't specific something.

Wrong. Statute matters and agreements cannot violate the law.

 

[LdiJ]

Wrong. Statute matters and agreements cannot violate the law.

So, if the agreement states that alimony will end if she lives with someone for more than a year, and the statutes say that alimony ends upon remarriage, you are saying that the agreement is null and void because the statute doesn't say that alimony will end if she lives with someone for more than a year?

Or, another example. If an agreement states that child support will last until graduation from college or age 23, but the statute says that child support will end at age 19 or graduation from high school, that the agreement is null and void?

 

[Ohiogal]

So, if the agreement states that alimony will end if she lives with someone for more than a year, and the statutes say that alimony ends upon remarriage, you are saying that the agreement is null and void because the statute doesn't say that alimony will end if she lives with someone for more than a year?

Or, another example. If an agreement states that child support will last until graduation from college or age 23, but the statute says that child support will end at age 19 or graduation from high school, that the agreement is null and void?

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.