Changing child support

[Meg2]

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

The mother of my kids has been hinting/threatening that she is going to be trying to make changes to our child support agreement was made in Oct 2015. I feel the only reason she is doing this now is since then she has married and has another kid on the way. It was an agreement we made together with a lawyer I hired, she intentionally didn't want to have a legal agreement made as she felt it wasn't necessary and just wanted me to give her money every month, but I felt it would be best to be safe than sorry and said it needs to be legal, and so it was. I guess my real question is does she have the justification to change the child support in such a short time frame?

 

[CTU]

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

The mother of my kids has been hinting/threatening that she is going to be trying to make changes to our child support agreement was made in Oct 2015. I feel the only reason she is doing this now is since then she has married and has another kid on the way. It was an agreement we made together with a lawyer I hired, she intentionally didn't want to have a legal agreement made as she felt it wasn't necessary and just wanted me to give her money every month, but I felt it would be best to be safe than sorry and said it needs to be legal, and so it was. I guess my real question is does she have the justification to change the child support in such a short time frame?

Did the agreement actually become a court order? Are you paying guideline support?

 

[Meg2]

Did the agreement actually become a court order? Are you paying guideline support?

Yes court ordered, no it's not guideline support. It's an agreement we both made thru the lawyer,

 

[CTU]

Yes court ordered, no it's not guideline support. It's an agreement we both made thru the lawyer,

Ah, a return to dentistry.

So are you paying more than, or less than, guideline?

 

[Meg2]

Ah, a return to dentistry.

So are you paying more than, or less than, guideline?

Less than, but without getting into details such as her being able to claim both children, me paying day care, medical, and other small details..it works out to what would be the same as a guideline

 

[stealth2]

Given the timing and more than one child, is it safe to assume that you are not in a same-sex marriage (only became legal in mid-2015...)? Or are you Dad's new wife/gf? 'Cause it's an odd user name for a Dad...

 

[CTU]

Less than, but without getting into details such as her being able to claim both children, me paying day care, medical, and other small details..it works out to what would be the same as a guideline

I'm a little rusty on agreed deviations, and this is Louisiana (which is a whole 'nuther country in terms of the law) but while you could argue that there has been no change of circumstance to trigger a modification, I'd put my money on her being allowed to at least make a case to modify in order to meet guideline support and add your share of day-care, medical and other stuff on top of that and what she may lose by not claiming both children every year this may be moot if she's married since then.

I think.

Wait for the smarter folk, too.

 

[CourtClerk]

If it's below guildeline, then she can modify to meet guideline support PLUS daycare (it's ad add-on in LA). Child support has nothing to do with who claims the kid(s).