Submitted by Anonymous on Tue, 02/08/2011 - 17:07
Can an order for child support be modified without going to court? My ex and I have agreed to lowered payments and we have drawn up a new agreement which we both signed. The problem is that every time she gets angry she threatens to take me to court for back child support based on the previous amount in the divorce decree, reneging on our new signed agreement. Is what we did legally binding or can she sue me for back child support?
This is important because she in contempt on something in our divorce decree and I am contemplating taking her to court. I'm afraid she will countersue with the child support issue. I want to make sure I am protected. What should I do?
Modify child support order
You cannot rely on an agreement to modify child support. What you need to do is file a Joint Petition for Modification of Child Support Judgment. The form is available on line and at the Probate and Family Court.
Agreed upon child support modification
In addition to the Editor's reply, I would add that you can file a Joint Petition to Modify Child Support by mailing it along with financial statements for both parties, a copy of the current child support guidelines and an executed (signed) agreement of the parties for Judgment. For more information, please visit my website: Attorney Eric Schutzbank
Please note that the above answer does not constitute legal advice nor establish an Attorney-Client relationship.