Unenforceabilty of CS side agreements. Statute?

[wavehopper27]

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

Can someone point me to the relevant statute that renders side agreements on child support unenforceable?

 

[CJane]

I doubt such a statute exists. Though, more details would be helpful. For instance, is there an existing order that the involved parties chose to work outside of?

 

[Proserpina]

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

Can someone point me to the relevant statute that renders side agreements on child support unenforceable?

Cjane is correct. There is no such animal.

With that said, it really boils down to the situation itself. Sometimes the payments will be "credited" to any arrears, and sometimes it's simply a gift.

 

[wavehopper27]

My ex an I agreed on a fixed amount of CS as part of the agreement which authorized her to move out of state. Circumstances are changing in such a way that I want to seek a support modification. I know I can just go to court and force the issue but I was hoping that if I could point out any relevant statute or caselaw that shows child support is fluid and cannot be restricted by our side agreement, perhaps her and I could negotiate our own modification and just have a judge sign off on it.

 

[Proserpina]

My ex an I agreed on a fixed amount of CS as part of the agreement which authorized her to move out of state. Circumstances are changing in such a way that I want to seek a support modification. I know I can just go to court and force the issue but I was hoping that if I could point out any relevant statute or caselaw that shows child support is fluid and cannot be restricted by our side agreement, perhaps her and I could negotiate our own modification and just have a judge sign off on it.

Oh for heaven's sake, just enforce the court order. Modify it if you feel there's been a CoC. Playing around with statutes and case law isn't going to help you here.

 

[Proserpina]

My ex an I agreed on a fixed amount of CS as part of the agreement which authorized her to move out of state. Circumstances are changing in such a way that I want to seek a support modification. I know I can just go to court and force the issue but I was hoping that if I could point out any relevant statute or caselaw that shows child support is fluid and cannot be restricted by our side agreement, perhaps her and I could negotiate our own modification and just have a judge sign off on it.

Hmm.

I haven't read your post hx.

Please give me a brief synopsis. Including the circumstances relating to the relocation...and child support. I hope you're not trying to do what I think you're trying to do.

 

[wavehopper27]

No, I'm not trying to get custody if that's what your thinking.

She moved away to NC about 4 years ago. Part of our agreement that authorized her move set a fixed amount for CS. This amount is lower than what guidelines would give. In exchange for the lower amount, I agreed to pay all costs assosciated with their travel here for visitation. One of them is graduating highschool this, year and the other graduates next year. The one graduating this year wants to attend college down there near mom. The one graduating next year wants to move in with me after graduation and attend college up here.

The modification I hope we can negotiate would reflect support based on the new living arrangements and terminate my obligation to pay for my youngest to fly down to visit mom. She can still visit mom anytime she wants, but mom can pay for the flight since she created the original distance to begin with.

That's it in a nutshell.

 

[wavehopper27]

Either way, she probably won't listen to me anyways. Not that I blame her, I wouldn't lister to her if roles were reversed. I'll probably just end up filing a complaint for modification a few months before my youngest moves up and let the judge sort it out.

 

[single317dad]

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

Can someone point me to the relevant statute that renders side agreements on child support unenforceable?

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section28

In furtherance of the public policy that dependent children shall be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of divorce, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice of the trial court or if there is a need to provide for the health care coverage of the child.

http://www.mass.gov/courts/childsupport/2013-child-support-guidelines.pdf

Circumstances which may support deviation,
above or below the Child Support Guidelines
include, but are not limited to, the following:

1) the parties agree and the Court
approves their agreement;

Two pieces of information there which will conflict somewhat, so the case could be made either way. The guidelines (second link) are written by a judge, so are not law, but are supported by the statute (first link), which gives the judge the power to write the guidelines, and orders judges to follow said guidelines in most cases.

 

[Just Blue]

Just a reminder ...Mass CS laws have NOTHING to do with other state guidelines.

 

[Proserpina]

Just a reminder ...Mass CS laws have NOTHING to do with other state guidelines.

OP is in MA.

 

[Just Blue]

OP is in MA.

Yes. I know. The comments he was spouting was to OP's from other states.

 

[latigo]

Either way, she probably won't listen to me anyways. Not that I blame her, I wouldn't listen to her if roles were reversed. I'll probably just end up filing a complaint for modification a few months before my youngest moves up and let the judge sort it out (?).

Pardon me for seeming obtuse, but I've read and re-read your posts and still uncertain of what is that you wish to have modified.

You've mentioned that the "side agreement" fixed child support less than what would be called for by the guidelines. Which would seem to suggest that there is an existing court order based upon the guidelines, but you haven't directly alluded to any such court order.

However, I'm going to assume that such a court order does exist - otherwise why the need for the side agreement?

And if that is the case' I see no reason whatsoever that if it is your desire to move for modification based upon a material change of circumstances that the "side agreement" would be a significant or complicating factor.

The reason is that if mom successfully argues that the side agreement be enforced, it would serve to modify the court's order, which you will be asking to be amended again.

But if you think that you are going to just throw all of this before the court and let the "judge sort it out", you'd better do some rethinking.

Attorneys that follow that trial philosophy soon find themselves looking for an honest occupation.

 

[wavehopper27]

Let me try some clarification:

- Mom approached me a few years ago with her desire to relocate to NC.
- We started negotiating an agreement that would allow her to relocate with our 2 children
- Part of this agreement set my support payments at X dollars per week which was lower than state guidelines in place at the time.
- In exchange for this lower support amount, I pay all the flight costs associated with transportation to MA for visits.
- My oldest is entering the Navy upon his graduation this year so he will become emancipated at that time.
- My youngest desires to move in with me upon her graduation so she can attend a college 15 minutes away.

My initial hope was for mom and I to sit down and negotiate new CS and travel arrangements much like we did before. After thought, I now think it'll be easier if I just file for a modification with the court asking not only to ammend current support orders but also strike language from our previous agreement that obligates me to pay for visitation travel.

 

[LdiJ]

Let me try some clarification:

- Mom approached me a few years ago with her desire to relocate to NC.
- We started negotiating an agreement that would allow her to relocate with our 2 children
- Part of this agreement set my support payments at X dollars per week which was lower than state guidelines in place at the time.
- In exchange for this lower support amount, I pay all the flight costs associated with transportation to MA for visits.
- My oldest is entering the Navy upon his graduation this year so he will become emancipated at that time.
- My youngest desires to move in with me upon her graduation so she can attend a college 15 minutes away.

My initial hope was for mom and I to sit down and negotiate new CS and travel arrangements much like we did before. After thought, I now think it'll be easier if I just file for a modification with the court asking not only to ammend current support orders but also strike language from our previous agreement that obligates me to pay for visitation travel.

You used the term "side agreement" before. Which led us to believe that it was not done through the courts. In this post it sounds like maybe it was done through the courts. What we really need clarified is if your agreement that you made when mom relocated, was submitted to the courts and signed off on by the judge (making it a court order) or was it something you and mom agree to totally privately (courts not involved at all).