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Threatening court over 6 year old oral agreement

Discussion in 'Child Support' started by radioflyer46, Oct 30, 2016.

  1. radioflyer46

    radioflyer46 Law Topic Starter New Member

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    I live in Fresno, CA. My ex and I got divorced and have never been back to court since. We’ve made many changes to our original support agreement on our own. One of those changes is coming back to bite me. My original support amount was $1450 a month. 6 years ago we came to an agreement to change it to $1100 a month. Since then for the past 6 years I’ve paid $1100 a month. It’s been fine up until now, as the kids are reaching adulthood. One of the kids turned 19 recently and the other is 17. As they’re starting to drop off child support my ex now has a desire to file a claim and go back and collect the difference between the $1450 and $1100 for the past six years. I have all my receipts for the $1100 payments for the last 6 years. Is there any recourse against my ex claiming back due child support in this situation?
  2. army judge

    army judge Super Moderator

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    NO, your oral agreement can't TRUMP the court order.
    Only the court had the legal authority to change ANYTHING in the original order.
    I suppose you'll learn more when your former spouse denies ever agreeing to any change in the court ordered support, but kept silent because you bullied him/her into submission. Something about making sure I had enough to not hurt my kids will be babbled, as more denials about never agreeing to any changes, because "I knew that only the court can change the order."

    I suspect you could find yourself being ordered to pay her/him about $20,000.

    I suggest you retain counsel to assist you in limiting the damage that might soon be inflicted upon your finances!

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