Legal Question in Civil Rights Law in Alabama

written agreement

My boyfriend and his ex wife had a written agreement to lower the child support.it was her idea.she filed in the amounts and the date it was to start. In the agreement it said that it could not be changed unless both parties agreed.She signed and he signed and I signed as a witness.She came today and said she is raising it back to pay her car payment.there was no notery involved. and it was not filed in the courts.she said he could trust her not to change it.Does he have a foot to stand on


Asked on 9/29/03, 12:44 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: written agreement

Child support in Ala is based primarily on a formula. The most recent court order is what is controlling. If there has been a material change in your husband's circumstances, then he should file a motion to modify the decree to change the child support. The "agreement" that you discussed could have a bearing on the decision of the judge, but the most important factor will be the formula that is set out in the Court Rules.

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Answered on 10/09/03, 11:34 am


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