Submitted by QRed on Thu, 08/04/2011 - 14:30
My ex and I are divorced for four years now. He would like to lower his child support payments because I'm now working full time at a very good job and, honestly, I don't need as much money. He's had some tough times and can't afford the payments. I was wondering if this is the kind of thing we can do with mediation and not have to go to court. We agree on lowering the amount but not on how much less child support he should pay. It's my understanding that parties can make post-divorce modifications to their separation agreement without getting court approval. Is that right?
Post-divorce changes to separation agreement.
In most cases divorced couples can make changes to their separation agreement without going to court or getting court approval. To be enforceable, the post-divorce modifications must be in writing, signed by both parties and notarized. The modification is then filed with the family court that issued the original order. Either party can then enforce the post-divorce modifications in much the same way that they can enforce the original separation agreement. For most issues, mediation is an excellent tool to help divorced couples reach agreement for post-divorce modifications.
However, to your question, there is an opinion from the Massachusetts court of appeals in which the court held that divorced parents may not agree to lower child support below the amount ordered by the court. (See Quinn v. Quinn, 49 Mass. App. Ct. 144 (2000)). The court reasoned that the parents should not be allowed to negotiate away payments intended, ultimately, for the child. For that reason, it may make more sense for your ex to simply file a complaint for modification of child support. He can make his case, you can inform the court of your view, and the judge will make the ultimate call.