[1115A]

My son got divorced using a mediator. His had a lawyer review the papers and my son signed the papers without reading them through. He didn't have representation, (her lawyer informed him of his rights) and he signed the papers anyway, believing his soon to be ex was telling the truth. The mediator came up with a figure of $2,600 a month, but his cried and said it was not enough. He agreed to $4000 because she said if she didn't need it she would refund it. Stupid on his part, but he was feeling guilty about the divorce. They have two boys and he is a loving and caring father. One month last year he was having real problems paying that amount on his salary and gave her $3000 instead of the $4000 and she had his wages garnished. She will not release the garnish and I wanted to know if there is some way it can be reviewed. He signed papers agreeing to her demands without reading what it said. He has the boys more than 1/2 the time and yet she has this control. Any suggestions?

He has already spent $48,000 dollars on lawyer fees trying to get this agreement overturned. It was denied because they said he signed the papers and there was no excuse for not reading the agreement fully. His ex is remarried to a man with two children,expecting a baby any moment and says she doesn't trust him to give he the amount. She said she needs it more now.

[Fr_Chuck]

Seems like he should spend the money on new attorneys, since normally all support agreements can be reviewed and altered.

[twinkiedooter]

When someone has legal paperwork in front of them and does not carefully read it before they agree to and sign it I am totally at a loss. He definitely needs to hire new attorneys and have this child support amount taken back to the judge for a modification. He does need to show how the $4,000 a month was an incorrect figure or that his circumstances financially have changed in order to get the amount changed though. The ex being remarried has nothing to do with him or the amount he has to pay.

[this8384]

Something's strange about this. How much is he making annually? If he's paying $4,000 a month, he must be making some pretty decent money, which makes it odd that he "couldn't afford" the extra $1,000.

As far as I know, when you fall behind on child support, they do not garnish your wages. They will intercept your tax refund and apply it towards the back-child support. Either way, the garnishment will be released when he's caught up. Tell your son to pay attention next time.

[cdad]

When did all this forst come about ? Because depending on the time he might be able to ask for a new decision rather then try to modify an old one. Also if he is overpaying child support then that can be grounds for a modification. He always should read and fully understand any paperwork he is signing. Also depending on what state your in the state may automatically garnish wages even if your not behind.