Verbal Agreement Question-Pennsylvania

Mommyof2Boys said:

Hello,

My ex husband, per our divorce decree (didn't go through domestics, only our attorneys) agreed to pay $850/month for our two sons, who were 1 and 4 at the time I left. (They are now almost 6 and 9 and I KNOW expenses have increased for them!! I should have gotten more in the first place!) So, he got laid off in April 2010. Per a notarized document, I agreed to allow him to modify the support to $500/month for three months while he searched for employment and it would resume to the regular amount after three months, or if he found employment before that time was up. So, for a year and a half, he continued to pay me ONLY the $500/month. He also carried them on his insurance, so when he lost his job, guess who had to come up with coverage for them?! I'm a contractor that does Medical Transcription so I am not offered benefits through my company. I was able to get them CHIP but until that whole process went through I was paying all doctor visits out of pocket and he paid NOTHING. So, I kept telling him, after that three month period per the agreement, the amount needs to resume at the $850/month. He insisted for a year and a half, "I can't find a job", "I can't afford to pay that amount" "I don't have enough money" "I don't have a pot to pi$$ in". Well, I did some detective work on his Twitter/Facebook accounts and found he took three vacations, bought Flyers season tickets, went to Atlantic City to gamble on multiple occasions (staying in suites with his flavor of the week), etc. Is there a way, I can recieve that $350/month he didn't pay me for that year and a half, claiming he couldn't afford it? And isn't it true, that even with an agreement to modify the support for three months until he found employment, that he still owes me that money he couldn't pay when he DOES have it? It's still owed to me no matter what, correct?? THANKS!!!

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Mommyof2Boys said:

Hello,

My ex husband, per our divorce decree (didn't go through domestics, only our attorneys) agreed to pay $850/month for our two sons, who were 1 and 4 at the time I left. (They are now almost 6 and 9 and I KNOW expenses have increased for them!! I should have gotten more in the first place!) So, he got laid off in April 2010. Per a notarized document, I agreed to allow him to modify the support to $500/month for three months while he searched for employment and it would resume to the regular amount after three months, or if he found employment before that time was up. So, for a year and a half, he continued to pay me ONLY the $500/month. He also carried them on his insurance, so when he lost his job, guess who had to come up with coverage for them?! I'm a contractor that does Medical Transcription so I am not offered benefits through my company. I was able to get them CHIP but until that whole process went through I was paying all doctor visits out of pocket and he paid NOTHING. So, I kept telling him, after that three month period per the agreement, the amount needs to resume at the $850/month. He insisted for a year and a half, "I can't find a job", "I can't afford to pay that amount" "I don't have enough money" "I don't have a pot to pi$$ in". Well, I did some detective work on his Twitter/Facebook accounts and found he took three vacations, bought Flyers season tickets, went to Atlantic City to gamble on multiple occasions (staying in suites with his flavor of the week), etc. Is there a way, I can recieve that $350/month he didn't pay me for that year and a half, claiming he couldn't afford it? And isn't it true, that even with an agreement to modify the support for three months until he found employment, that he still owes me that money he couldn't pay when he DOES have it? It's still owed to me no matter what, correct?? THANKS!!!

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Mommyof2Boys said:

It says, and I quote, "Husband agrees to pay child support in the amount of $850.00 per month for the support of two children. Said amount shall be modifiable based on a substantial change in circumstances pursuant to the Pennsylvania Support Guidelines. If husband misses two payments, Wife is entitled to request that said support obligation be paid through PASCDU."

However, we did not modify it through our lawyers, or the court, only he and I per a written agreement that he had notarized on his end. I signed it, as did he. Our lawyers played no role in the modification. However, it clearly states three months..and when I mentioned, after the three month period that it had to resume, he said "no, I don't have it" yet I saw him spending money all over the place, in all shapes and forms. I also know, during that period, he did some work on the side, for his self-owned business of web development, and developed two huge websites and not only did he do so while collecting unemployment but he did not notify unemployment that he was earing money under the table NOR did he inform me that he had income while he claimed he couldn't pay the full support amount.

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Mommyof2Boys said:

It says, and I quote, "Husband agrees to pay child support in the amount of $850.00 per month for the support of two children. Said amount shall be modifiable based on a substantial change in circumstances pursuant to the Pennsylvania Support Guidelines. If husband misses two payments, Wife is entitled to request that said support obligation be paid through PASCDU."

However, we did not modify it through our lawyers, or the court, only he and I per a written agreement that he had notarized on his end. I signed it, as did he. Our lawyers played no role in the modification. However, it clearly states three months..and when I mentioned, after the three month period that it had to resume, he said "no, I don't have it" yet I saw him spending money all over the place, in all shapes and forms. I also know, during that period, he did some work on the side, for his self-owned business of web development, and developed two huge websites and not only did he do so while collecting unemployment but he did not notify unemployment that he was earing money under the table NOR did he inform me that he had income while he claimed he couldn't pay the full support amount.

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Mommyof2Boys said:

Okay, meaningless as in what? Meaning, I AM owed the full amount no matter what the agreement says, or meaning, I'm NOT owed that money. I did do the right thing by giving him that three months, but I know for a fact he was not actively looking for employment like he said he was. He wanted the summer off, and didn't want to pay me the full amount, and that's exactly what he did. Meanwhile, while he's salaried now at an over $50,000/year job and getting married in October,( he could afford a ring and a wedding), since August of 2011, my income has decreased by at LEAST 200/week. And that's minimum. The support order has never changed since the boys were 1 and 4 and they are now 6 and 9 and in sports, school events, etc, that he helps with NONE of. He thinks that $850/month is TOO much for two boys and he wants it lowered and is telling me, that even though he has the option to put the boys on his insurance, as our divorce decree states he is responsible to do, he can't afford that either. UGH!!!! If the divorce decree states he is responsible, he's responsible..no?

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Mommyof2Boys said:

Great! I was just worried that since I agreed to the amount that I was stuck. So, in otherwords, I have a chance of having support increased (at the four year review, as it has never been changed since I left) as well as collecting the unpaid amounts from that time he was unempolyed? If so, that would be a HUGE help financially.

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Mommyof2Boys said:

Another question, if he says he can't afford the insurance for the boys, will they take that off the amount of support he owes me, or will he have to find a way to do both?

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Mommyof2Boys said:

But if he claims he cannot afford the cost of their insurance, he would have to prove it correct? Will they lower his support payments in order for him to afford the insurance? (Even though I KNOW he has money...)

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