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    mikmouse's Avatar
    mikmouse Posts: 1, Reputation: 1
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    #1

    May 3, 2011, 11:34 PM
    Verbal Agreement for Increase of Child Support-Binding?
    Our divorce decree states $400 month for child support from 2003 or 2004. Verbal agreements have increased it to $600 which he has been paying consistently for at least a year. These payments have been by check so I have proof of them. Now after a disagreement he wants to reduce it to $500. Is the fact that he has been paying it for over a year make it a binding verbal agreement?? Help
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 4, 2011, 02:48 AM
    No it's not binding.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 4, 2011, 03:42 AM

    Child Support is by court order. If he was paying more than the court order, it was voluntary and not binding on him. If he wants to reduce what he provides back to the court order he can. Your recourse is to go to court and ask for a modification. You can show that he has been paying more, but the court may or may not take that into account.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 4, 2011, 07:03 AM

    A Court Order can only be modified by another Court Order. Side verbal agreements are not enforceable. My understanding is that anything he paid over the Court Ordered amount is a gift in the eyes of the Court.

    Go back to Court and get the Order modified.
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