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ahusband · Oct 20, 2011, 06:25 PM

If me and my ex wife who have joint custody, agreed out of court(in Louisiana) That I would not pay child support, but changes her mind 5 years later after I move to SC and hires a lawer to refile for child support, can she legally do that?

cdad · Oct 20, 2011, 06:31 PM

If the custody has changed by you moving out of state then yes she can refile for support.

ScottGem · Oct 20, 2011, 06:38 PM

Generally any agreement to forego support made without court approval is not going to be binding. So yes, its likely she can do it. You can try to bring the agreement up in court, but I doubt if it will fly. If she has an attorney, you need to get your own.

Fr_Chuck · Oct 20, 2011, 06:48 PM

All child support agreements can be taken back to court to be modified. In general, the child has a legal right to support, so the mother is always free to take you to court.

The issue is that there should not have been a "out of court" agreement in the first place

ahusband · Oct 20, 2011, 06:50 PM

This agreement was between our attorneys mediating and her and I.

ScottGem · Oct 20, 2011, 06:55 PM

Unless it was approved by the court its still not binding. Obviously her attorney feels they have a case.

ahusband · Oct 20, 2011, 07:00 PM

I don't have a problem paying her to help raise our daughter. We had our attorneys present when settling the issue of child support out of court and an agreement was filed. We both still have joint custody. My concern is that she has told me 3x's already that she doesn't want any money and then I get a letter from her attorney trying to not only get support but dr bills that she has never shown me before. She wants me to reimburse her the amounts. So I call her again to come to an agreement on an amount and she says no, I don't need or want any money from you. I have received 3 letters from her attorney now about these matters. What would you suggest I do now?

ScottGem · Oct 20, 2011, 07:04 PM

First, please don't start a new thread on the same issue. I've merged your threads. If you have any follow-up post an answer to this thread.

Did you ask her why you are receiving letters from her attorney?

ahusband · Oct 20, 2011, 07:14 PM

Yes. I did. Her answer was that her attorney is the pursuing it and she has nothing to do with it. I am at a loss. We have a court date set in Nov. I will have to take off a job I just started, without pay, to deal with this.

Fr_Chuck · Oct 20, 2011, 07:28 PM

She is just using the "attorney" as an excuse, the attorney is only doing what she has told him

ahusband · Oct 20, 2011, 07:43 PM

Definitely. She wants me to pay for her attorney's fees too. I just bought a home and had a baby things are tight but I know God will help me and I really do want to help. I just want what is fair. I live within my means and I think she is struggling financially due to some wild spending she did a year ago. She has also remarried and told me that she doesn't even need to work that her husband makes a lot of money so she doesn't need anything from me. Anyway, thanks for the advice.

ScottGem · Oct 21, 2011, 03:35 AM

Attorneys do not act for clients against their instructions.

It is SOP for the litigant to ask for the defendant to pay court costs. On the other hand, you can ask for YOUR attorney fees to be paid by her if the court deems the action to be without merit.

ahusband · Oct 21, 2011, 06:51 AM

I will probably end up doing that. This whole event could have been prevented because we agreed to discuss matters instead of go to court.