Can Ex-Wife claim back child support

This is a discussion on Can Ex-Wife claim back child support within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have been paying child support for my 2 daughters since ~ 1998. The amount originally stated in the seperation ...

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Old Jan 20th, 2012, 06:34 PM   #1
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Default Can Ex-Wife claim back child support

I have been paying child support for my 2 daughters since ~ 1998. The amount originally stated in the seperation agreement and I think the Divorce Decree (I have to check) states I'll agree to pay $1500.00 each month. This was a number I thought was fair at the time since I was pulling down a very good salary. There was no separate child support agreement. I think I paid $1500.00 a month until Aug/Sep of 2004 when I left my job. We verbally agreed that I would pay $750.00 a month due to a decreas in my income. In 2005 I went into business for my self and my ex and I agreed I would pay 500.00 a month. There were a couple of months in the 2004 to 2005 time frame where I missed a payment or paid what I could. None of the payment modifications where registered/approved by the courts. It was just a verbal agreemet between her and I. Fast forward to today. My oldest turned 18 6 months ago and my youngest will be 18 in 3 more years. My Ex did get remarried the kids have always stayed with her. They would come to visit me every other weekend as well. I have also gotten remarried. When my oldest turned 18 we agreed that I would still pay the $500.00 a month and the 250 should go to a school fund. Durning that 6 months we really didn't hear anything concrete about her signing up for classes so we stopped paying the 250. Now the crap has it the fan because they are getting 250.00 less and I think they really needed it because things are tight for them right now. Us too.

My question is this: Can she go to the courts and try to get back child support since officially I didn't pay the 1500 a month? Neither party ever wanted to go to court and make a fuss about anything and ingorantly a verbal agreement for payment modification done.

I can provide more details if needed.

Thanks!

Edit:
After further research it seems that verbal agreements mean squat and it looks like if she wants to she can try and go back and get the difference that was not paid.

Last edited by User2011; Jan 20th, 2012 at 08:27 PM.
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Old Jan 21st, 2012, 12:15 AM   #2
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Default Re: Can Ex-Wife claim back child support

I wish to inform you that you can be held liable for the unpaid amount on child support. In this regard the child support amount as ordered by court was the liability which you had to pay. In this as the amount was lowered without court order thus the obligation under court order is same and so you can be held liable for arrears amount.

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Old Jan 21st, 2012, 01:55 AM   #3
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Default Re: Can Ex-Wife claim back child support

Verbal agreements are worth the paper they are written on . Yes, if she chooses your ex can say she never agreed to any modifications putting you on the hook for the full $1500. I am always amazed how folks just trust someone they can't even live with in financial matters.

The order in your divorce decree IS a child support order. You also need to confirm with the courts if child support ends at 18 in your state and then if so get it stopped for your oldest.
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Old Jan 21st, 2012, 12:26 PM   #4
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Default Re: Can Ex-Wife claim back child support

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Originally Posted by goddessoflubboc View Post
Verbal agreements are worth the paper they are written on . Yes, if she chooses your ex can say she never agreed to any modifications putting you on the hook for the full $1500. I am always amazed how folks just trust someone they can't even live with in financial matters.

The order in your divorce decree IS a child support order. You also need to confirm with the courts if child support ends at 18 in your state and then if so get it stopped for your oldest.
You mean, aren't, right? Just want to make sure.
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Old Jan 21st, 2012, 02:28 PM   #5
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Default Re: Can Ex-Wife claim back child support

It's a cliche. Doesn't matter since there is NO paper, which would be the point...
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Old Jan 21st, 2012, 05:43 PM   #6
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Default Re: Can Ex-Wife claim back child support

"Verbal agreements are worth the paper they are written on"

So to clarify, they are or are not worth the paper they're printed on?
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Old Jan 21st, 2012, 08:18 PM   #7
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Default Re: Can Ex-Wife claim back child support

Really? Verbal agreements are worthless. Go to court and good luck.
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Old Jan 21st, 2012, 10:12 PM   #8
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Default Re: Can Ex-Wife claim back child support

You might try to make the case that since she accepted those payments without taking any further action back then there was a valid agreement as long as you have proof that is what you paid back then. If you paid in cash then you are out of luck. Most family court judges are used to both sides doing crazy stuff so all is not lost in your case.
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Old Jan 21st, 2012, 10:18 PM   #9
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Default Re: Can Ex-Wife claim back child support

Quote:
Originally Posted by goddessoflubboc View Post
Really? Verbal agreements are worthless. Go to court and good luck.
It's a question to you, "Goddessoflubboc". Did you not see your own words quoted? You said, "verbal agreements ARE worth the paper they're printed on."

You were asked if you meant to say ARE NOT, or ARE worth the paper they're printed on.

It's curious you would respond to your own advice with such a statement as that posted above.

Perhaps if you slowed down and really paid attention to what you're reading you'd comprehend better?
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Old Jan 22nd, 2012, 12:32 AM   #10
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Default Re: Can Ex-Wife claim back child support

No, I was asked it twice which I thought was redundant and a waste of time. Saying "a verbal agreement IS worth the paper its written on" is accurate. There is no paper therefore there is no agreement. Saying it IS NOT makes no sense at all.
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