Do we have to go back to court to change our support agreement? 12 Answers as of May 01, 2014

My ex-husband and I divorced in 2004. We have had a very amicable divorce. I paid child support to him. In 2013, our oldest turned 18 and our youngest came to live with me full time. He is not looking for any money from me and I'm not asking him to pay me. Thanks.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes the modification needs to be done legally
Answer Applies to: Georgia
Replied: 5/1/2014
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
In North Carolina, it is always best to have child support formally modified especially if there is a court order in place but if you prefer you do not have to go back to court you can simply agree between yourselves to modify child support. Especially if you pay him directly instead of going through an agency such as Child Support Enforcement. If you do choose to simply agree yourselves to modify child support you should at least get something in writing that states your agreement or you could get stuck paying back support if he tries to enforce an order at a future date.
Answer Applies to: North Carolina
Replied: 5/1/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Submit a stipulation to the court to reserve child support to make this agreement a court order.
Answer Applies to: California
Replied: 5/1/2014
Family Law & Mediation Services, LLC | Carol Jean Romine
Yes, you must ask the court to approve the modification of your custody and support order. In the event of a disagreement at a later date, the only enforceable order is the one the judge signed.
Answer Applies to: Indiana
Replied: 5/1/2014
Trendowski & Allen, PC
Trendowski & Allen, PC | Gregory Allen
Yes, you should go to court to have the order changed. The existing order of the court remains in place until you change it and child support will continue to accrue. It is best to have the court orders match what you are in fact doing. There is always the remote risk of a falling out in the future and he then claims that you never paid the child support that continued to accrue under the current order. You could be stuck defending a motion for contempt in the future over an agreement you had now. The process should be easy to modify the order. You can file the motion to modify yourself. The forms are available at jud.ct.gov . There are even do-it-yourself guides online. When you get to court on your hearing day the family relations officer can write up the agreement for you. On the other hand, this is something that is simple and should be relatively cheap for an attorney to help you with. Though for him to not pay you child support you will have to demonstrate to the court that your family falls within one of the deviation criteria allowing the judge to deviate from the amount specified on the child support guidelines. It is possible, though I would have to talk to you about more details to evaluate that for you.
Answer Applies to: Connecticut
Replied: 5/1/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    If there is a court order regarding support I recommend entering a new order to reflect the current situation, especially if you are the one benefiting financially. It's way too easy for people to change their minds later; if you are supposed to be paying then how do you defend yourself later if things go bad? All the court sees is an order for payment that is not being followed.
    Answer Applies to: Michigan
    Replied: 4/30/2014
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    In Texas, you need to go back to court to modify the current child support arrangements. If it is all agreed then it is merely a paperwork issue if the court ordered child support is current and there is no unpaid child support involved. Attorneys are always happy to work with people that are truly co-parenting together.
    Answer Applies to: Texas
    Replied: 4/30/2014
    John Russo | John Russo
    The problem you have here is this, if the payments that he was making were through the family court system then an arrears will continue to build on the system which could cause his license to be suspended and his tax refunds to be intercepted, and then you have a nightmare trying to fix it. If there was no court involvement and I represented you I would still advise you to seek new orders, because as the saying goes, no good deed goes unpunished, i.e. If at some point down the road he decided to say that you have not paid him for two years then you could have a problem, courts speak through their orders, and orders remain in full force and affect until modified or vacated, so as it stands he has placement of the youngest child not you, and notarized letters will not fix that, before you ask. This is simple, just file a petition to modify custody and placement when the court date comes pass for entry of an order or show up and read your agreement into the record and then enter the order, also like I stated if this was ordered through the courts to be paid through the court, then you'r oldest child's order would still be running on the system also, when a child becomes emancipated the court does not know that so the order continues, so you need to seek it's modification also.
    Answer Applies to: Rhode Island
    Replied: 4/30/2014
    Law Office of Andrellos Mitchell
    Law Office of Andrellos Mitchell | Andrellos Mitchell
    It depends on what the terms of the initial agreement are.
    Answer Applies to: District of Columbia
    Replied: 4/30/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    Yes, you will need to Modify the child support order to reflect that you are supporting the child directly and no longer need to pay the other parent to support the child. Without this order, the attorney general will assume you are liable for the remaining payments per the existing order.
    Answer Applies to: Texas
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If somebody has to pay now, then yes you will have to go to court to stop the payment requirement.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    If there is a child support order in place that says you must pay, and the living circumstances have changed as you have stated in your question, you should modify the support order to a no-pay order. This is to protect yourself as you can be sued for back child support t anytime.
    Answer Applies to: California
    Replied: 4/30/2014
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