What to do if my divorce decree states that I pay $354 per month in child support since my child is to live with my ex-wife?

She is primary caregiver. However we recently decided that he will live with me for this school year and child support stops while he lives with me. This is a verbal agreement only. Can I draft up a letter and have her sign and noterized stating support stops while he lives with me? Will that protect me if she ever decides to sue for back child support breaking our verbal or signed agreement?

Asked on November 6, 2012 under Family Law, Kentucky


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, an order is an order and both parties are required to comply with it.  If you fail to pay child support as ordered, then yes, she could try to come back on you for failure to pay later.  Only another court order can modify a custody order.  The letter or affidavit is a good starting point-- but it doesn't give you absolute protection and you could possibly be held in contempt later for non-support.  Your better remedy is for the two of you to have an attorney convert the affidavit/letter into an agreed motion and order modifying the current support and visitation schedule.  With a court order, you won't run the risk of a contempt proceeding later.

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