Child Support Mod From zero to some. Chances?

[Raisingmaddy]

It was not done by an attorney

 

[Raisingmaddy]

"Agreements" allowing zero child support are generally looked upon with suspicion by courts.

Not sure what you mean, the judge reviewed it and signed it no questions asked. I truly believed he would help with our children because that is what he told me and why it was not changed.

 

[seniorjudge]

Not sure what you mean, the judge reviewed it and signed it no questions asked. I truly believed he would help with our children because that is what he told me and why it was not changed.

Judgments/court orders are one thing; I was talking about private agreements.

 

[Raisingmaddy]

Judgments/court orders are one thing; I was talking about private agreements.

What is wrong with having a private agreemtent to give/receive child support? That is if all parties abide by it. He refused to deal with the child support issues thru the courts because he didn't want them to have a say in how much he had to pay (Now I know why) and I didn't have the money to get an attorney to have this changed.

 

[GrowUp!]

What is wrong with having a private agreemtent to give/receive child support? That is if all parties abide by it. He refused to deal with the child support issues thru the courts because he didn't want them to have a say in how much he had to pay (Now I know why) and I didn't have the money to get an attorney to have this changed.

Uggh. Woman will you just answer the questions that are posed to you?

You continue to make excuses when the freaking fact of the matter is YOU are the one who agreed to a ZERO CHILD SUPPORT COURT ORDER. You got punk'd by your ex. A court order is LEGALLY BINDING. Some "verbal" agreement -- or even one in writing -- is not legally binding.

 

[Raisingmaddy]

Well then who's the sucker who agreed IN WRITING -- A COURT ORDER -- for ZERO child support? What part of VERBAL AGREEMENTS MEAN SQUAT do you NOT understand?? Whenever you do NOT get an agreement in writing, you have nothing.
You have no one to blame but yourself. Please answer SJ's question.

And how to you plan to "prove" this agreement?

I suggest you look up "inkind contribution" and/or "gift." Plus, fairisfair brings up a good question...why are the taxpayers paying for a portion of this "expensive" daycare and you agreed to a zero child support order?

Apparently I am the "SUCKER" who agreed in WRITING for zero child support, I believed him when he said he would help support our children.

 

[Raisingmaddy]

Uggh. Woman will you just answer the questions that are posed to you?

You continue to make excuses when the freaking fact of the matter is YOU are the one who agreed to a ZERO CHILD SUPPORT COURT ORDER. You got punk'd by your ex. A court order is LEGALLY BINDING. Some "verbal" agreement -- or even one in writing -- is not legally binding.

You are right, I am the one who signed the agreement, and got "punk'd" by my ex. So are you saying that in your opinion it can't be modified and we will go to court and the judge will tell him "I guess you don't HAVE to pay child support for your THREE children"

 

[seniorjudge]

You are right, I am the one who signed the agreement, and got "punk'd" by my ex. So are you saying that in your opinion it can't be modified and we will go to court and the judge will tell him "I guess you don't HAVE to pay child support for your THREE children"

No, no one said anything like that.

We don't know what will happen.

 

[MrsK]

You are right, I am the one who signed the agreement, and got "punk'd" by my ex. So are you saying that in your opinion it can't be modified and we will go to court and the judge will tell him "I guess you don't HAVE to pay child support for your THREE children"

No one said that, but it would be very unlikely that you would receive no support for your children, esp if they are living with you most of the time.

 

[GrowUp!]

You are right, I am the one who signed the agreement, and got "punk'd" by my ex. So are you saying that in your opinion it can't be modified and we will go to court and the judge will tell him "I guess you don't HAVE to pay child support for your THREE children"

One thing you better start to realize is that child support is NOT something you can simply modify on a whim. Usually you have to wait for 3 years to modify, unless there is a significant change in circumstance(s). Again, stop turning the tables here. YOU are the one who agreed to no child support. It's not your ex's fault or the court's fault. It's yours. Suck it up and accept the actions from your decision. Also be prepared for the possibility of your motion to modify being denied due to a lack of change in circumstance, IMO. Not saying it's going to happen, but there's a 50/50 chance of it going either way.

 

[Raisingmaddy]

One thing you better start to realize is that child support is NOT something you can simply modify on a whim. Usually you have to wait for 3 years to modify, unless there is a significant change in circumstance(s). Again, stop turning the tables here. YOU are the one who agreed to no child support. It's not your ex's fault or the court's fault. It's yours. Suck it up and accept the actions from your decision. Also be prepared for the possibility of your motion to modify being denied due to a lack of change in circumstance, IMO. Not saying it's going to happen, but there's a 50/50 chance of it going either way.

I didn't just modify it on a whim, it was NEARLY TWO YEARS, I understand you usually have to wait longer than that to modify but things changed. I moved away in 2005, and after I moved he paid child support for about 8-9 months. He also paid me child support PRIOR to me moving even though we had a zero child support order at that time, he did this because they LIVE WITH ME full time. We BOTH agreed to no child support in writing, and WE BOTH agreed he would still pay child support every month. I am prepared for it to go either way, I was just hoping for some FRIENDLY opinions.

 

[Raisingmaddy]

No one said that, but it would be very unlikely that you would receive no support for your children, esp if they are living with you most of the time.

Thank you MrsK.

 

[LdiJ]

I think that this thread has gotten off on a tangent.

Even if the parents agreed to no child support originally, mom clearly has primary residential custody, and therefore if she filed for a modification of child support, child support WILL be ordered. Its a given, therefore why is everyone dancing around the issue?

 

[Raisingmaddy]

I think that this thread has gotten off on a tangent.

Even if the parents agreed to no child support originally, mom clearly has primary residential custody, and therefore if she filed for a modification of child support, child support WILL be ordered. Its a given, therefore why is everyone dancing around the issue?

Thank you, thank you, thank you! I truly appreciate your post, That is all I was hoping for. I truly didn't expect to be bashed about topics that weren't even the point.

 

[Raisingmaddy]

I have another question...when he was paying me child support it was almost exactly half the amount the state guidelines are for. He told me he will start paying the amount he paid before if I would agree to it, I contacted the Child Support office and they said I CANNOT deviate from the guidelines, and that the courts will not accept a lower amount, but I could waive arrears from filing date (November) I called my ex and told him this and offered to waive the arrears they are asking for if he signs the modification, he turned me down and told me if I can't get the monthly amount lowered he will take his chances in court.

My real question is, why can I waive the arrears, but not ask for a lower amount?