Q: If ex been writing checks as addnl child support, just stopped, can I use that as proof in Court to put in effect?
We made an agreement that he would pay additional child support to give our daughter better situation and he has been writing checks to us for 2 years. We stopped getting along so he stopped. Can I use the checks as proof to enforce those increase since he obviously could afford it and knowingly that it was best for our child? Can he just stop giving it just because he’s in one of his moods? Will the judge see that if the best situation can be provided it should continue?
A:
Thank you for your question.
One of the factors the Court would consider is whether the agreement was oral or written with regard to the additional support. It would be difficult to “enforce” the additional child support if the agreement was oral. However, it may warrant a change in circumstances to increase support. I suggest that you speak with an experienced family law attorney who will be able to advise you on your rights and options.
I hope this information was helpful to you.
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