Child Support modification

[jenobug]

my husband and I live in north carolina. he has had a child support order since 1998 and paid it on time as ordered. his son's grades dropped and his mother allowed him to live with us for a year. she didn't want to pay any expenses to us for keeping him and to keep it from going to court she agreed that he would not have to pay her for the next year after their son moved back in with her. my husband started paying her again at the beginning of the year 6 months before their verbal agreement was up. he has lost his job and has not been able to find another, he also attends college full time and will have to do unpaid training as part of the degree program beginning in may. he told her he wanted to modify the order temporarily but now she is planning to sue him for arrears for the time their son lived with us until now. what can we do? can our child support be modified under the circumstances? can she recieve arrears? she works part time and is also attending college.

 

[txkowgirl6]

I can tell you the courts do not recognize verbal agreements and he is considered responsible for all the child support since the decree ordered it, no matter when he had the child. So to save yourself anymore problems you should run to an attorney and show all the documentation that you have, ie school records, staement from the child, teachers etc that he was living with you. Not that this will help but it could ease things a little. Then you will have to have paperwork drawn up and filed with the court asking to dismiss the child support for the time he was living with you, depending on where you are the ex may need to sign and if she won't you may have to pay unless you get a great judge that understands these things and will call it even. Good Luck

 

[Grace_Adler]

I live in NC too. Yes you have circumstances..(less income) which you could have the support order modified. You'll probably have to pay filing fees and perhaps court costs. You need to check on that part. Good Luck.