Q: The house was paid off. It was worth 40k. I had her give me 10k. The rest was for 250.00 child support til child turned
18. We have 50/50 custody. I left state 3 mos. Later,changed job to 53k a year. Now see child every other weekend. She now wants more child support,though in notorized document she stated she would never ask more child support. Not in decree. Just notorized paper she wrote and agreed to.
A:
You do have a dilemna. By state stautes child support can be agreed to, but not made non-modifiable. It sounds as if you gave up a portion of the community estate to establish lower child support obligation. You may be able to seek relief for violating the decree, ie., she deceitfully entered the property division agreement, but that is a very difficult proposition. Most states property division laws are very specific as to the circumstances under which a property agreement can be set aside or modified, usually on an equitable principle of fraud.
The likely result is you will have to pay increased child support by application of the state guidelines or by agreement.
A: Even though you have gone from 50/50 to weekends you still have rights to 182 overnights. So, unless you have increased your income dramatically, I would be surprised if your child support rate would change. She can ask for whatever she wants, but it will be up to the Judge if she wants to fight that battle.
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