MS divorce agreement - child support issues

[jsbihn]

What is the name of your state (only U.S. law)? Mississippi
MS divorce agreement - child support issues

As part of my divorce (state: Mississippi), My ex and I agreed to a child support agreement which went before the court and approved. About three months after the divorce was official, my ex and I made a verbal agreement that since I was able to have my child 3-4-5 days out of the week (at the time of the divorce it was only 2 days a week due to work) I would not need to pay child support. This new agreement between my ex and I of a "no child support payment" and I am having my child 3-4-5 days a week (sometimes even longer - even months) has continued for the last 13 years. There has been no written or even legal attempt to ammend the original legal paperwork of the divorce, since this was done verbally. And this has been made aware of by many other family members on both sides of the divorce.
I would like to know if there is a way, if brought before a court, to fight the original support agreement based on our verbal agreement for the last 13 years. I have heard that in other states where child support is ruled and the opposing parent ends up having primary custody, that the judge will ask if the child has been with the now primary parent (the one that owes support) more than 50% of the time, and if so the ruling is usually against the original decision and the original divorce agreement is ammended.
(The reason I am asking now is because my ex has started using the agreement against me to get things in regards to our child (I want this or I am going to go to the courts). In this last for instance I was denied any Christmas visitation for the entire week)
Thank you

 

[sandyclaus]

What is the name of your state (only U.S. law)? Mississippi
MS divorce agreement - child support issues

As part of my divorce (state: Mississippi), My ex and I agreed to a child support agreement which went before the court and approved. About three months after the divorce was official, my ex and I made a verbal agreement that since I was able to have my child 3-4-5 days out of the week (at the time of the divorce it was only 2 days a week due to work) I would not need to pay child support. This new agreement between my ex and I of a "no child support payment" and I am having my child 3-4-5 days a week (sometimes even longer - even months) has continued for the last 13 years. There has been no written or even legal attempt to ammend the original legal paperwork of the divorce, since this was done verbally. And this has been made aware of by many other family members on both sides of the divorce.
I would like to know if there is a way, if brought before a court, to fight the original support agreement based on our verbal agreement for the last 13 years. I have heard that in other states where child support is ruled and the opposing parent ends up having primary custody, that the judge will ask if the child has been with the now primary parent (the one that owes support) more than 50% of the time, and if so the ruling is usually against the original decision and the original divorce agreement is ammended.
(The reason I am asking now is because my ex has started using the agreement against me to get things in regards to our child (I want this or I am going to go to the courts). In this last for instance I was denied any Christmas visitation for the entire week)
Thank you

Here's the problem. What the court order says, goes. Any verbal agreement you and the other parent made isn't enforceable in court. That can be a problem, especially when it comes to that unpaid child support. Prove that there was an agreement for you to have the child more often and in exchange, the other parent waives the court-ordered child support. I'll bet you can't do it, especially if the other parent suddenly denies that such an agreement exists. Against you, you have the fact that you have no child support payment records to show you complied with the court order.

If you want to make your alleged current arrangement a permanent order, then do so. File a petition to modify the support order according to what you claim the current order is.

If you want a set arrangement for holiday visitations, I would also suggest that you bring that to the court to formalize a schedule as well. If there was no order in force, then there was no requirement that you have any Christmas visitation.