6 year old written agreement

[littlebit27]

Virginia

Can a 6 year old written and signed agreement for the amount of child support be filed with the court now?

It has never been filed before. The amount of money I made then was about $30,000 more than what I am making now. I can not afford that amount anymore in any shape or form. I am barely making it.

I can provide previous year returns showing the decline in my income.

 

[mistoffolees]

Virginia

Can a 6 year old written and signed agreement for the amount of child support be filed with the court now?

It has never been filed before. The amount of money I made then was about $30,000 more than what I am making now. I can not afford that amount anymore in any shape or form. I am barely making it.

I can provide previous year returns showing the decline in my income.

Whether it can or not is irrelevant. Even if it's filed, you could ask for a modification.

So, if it hasn't been filed, then go file for a new order based on your current income. If it IS filed now, then ask for a modification based on your change of circumstances. Either way, your first stop should be the child support enforcement office for your state.

 

[littlebit27]

Ok one more question- maybe stupid but I'm not sure.

She says she's going to file it today. Once she files it then will there be a court date set? I assume we have to actually go before a judge before it becomes valid in the court system?

We are planning on getting a lawyer as soon as we can afford one to iron out all details and get a modification but won't be able to afford it for atleast a month or two.

Thanks and sorry if the question is stupid. My fiance is just worried they are going to throw him in jail immediately.

 

[Zigner]

Ok one more question- maybe stupid but I'm not sure.

She says she's going to file it today. Once she files it then will there be a court date set? I assume we have to actually go before a judge before it becomes valid in the court system?

We are planning on getting a lawyer as soon as we can afford one to iron out all details and get a modification but won't be able to afford it for atleast a month or two.

Thanks and sorry if the question is stupid. My fiance is just worried they are going to throw him in jail immediately.

So, you started out this thread with a lie? This is NOT about YOU. There is no WE in the situation.

 

[littlebit27]

No not quite. He was the one asking the first question. I asked the second question after we discussed the answer provided for him since he's not home. There was no lie intended.

I guess I should of typed like I was him. Geez... He just wants to know if there will then be a court date set. He wants to make sure he understands this correctly, that's all.

 

[Ohiogal]

No not quite. He was the one asking the first question. I asked the second question after we discussed the answer provided for him since he's not home. There was no lie intended.

I guess I should of typed like I was him. Geez... He just wants to know if there will then be a court date set. He wants to make sure he understands this correctly, that's all.

So you really should have lied, right? YOU have no role in this. You are not a legal party here. But the fact that you are willing to lie in order to get your way, speaks poorly of you. If he would allow it, it speaks poorly of him.

 

[mistoffolees]

Ok one more question- maybe stupid but I'm not sure.

She says she's going to file it today. Once she files it then will there be a court date set? I assume we have to actually go before a judge before it becomes valid in the court system?

We are planning on getting a lawyer as soon as we can afford one to iron out all details and get a modification but won't be able to afford it for atleast a month or two.

Thanks and sorry if the question is stupid. My fiance is just worried they are going to throw him in jail immediately.

Once she files, a court date will be set. HE (not 'we') will have the opportunity to go before the judge (he doesn't HAVE to, but it would be foolish not to). And he should clearly take that opportunity to ask the judge to use CURRENT incomes to calculate support rather than the old ones.

If nothing was ever filed, I don't see that he can go to jail. Now, if HE is the one who is responsible for the delay, the judge might get angry with him for not getting it done and not paying support (if he didn't pay the agreed amount).