Legal Question in Family Law in Florida
Written contract superceding a marital settlement agreement
I have a marital settle agrement that says I will provide a level of child support. About four years ago, my ex and I reached an agreement where she provided me with a signed letter stating we agreed that I could pay less. Over the 4 years, I paid more in hopes of paying the monies off early. Recently I reverted to the reduced/agreed amount to which she respinded by contacting an atty. Does this letter supercede the marital sett agree? If she attempts to get more money, can I use the operpaid amount as a credit? I have had an additional child through a new marriage, does this child count in calculating support? Thank you.
1 Answer from Attorneys
Re: Written contract superceding a marital settlement agreement
The new child should not affect the original child support payment.
As for the contract, it depends on whether the contract is valid. I'm not sure that a letter only signed by one party would qualify. However, I would argue that you relied on her statement in adjusting the payment. She will argue that you continued paying the previous amount and that she therefore continue to rely on that. My guess is that the judge will call it a wash an let the original decree stand.
The court would probably not allow you to get credit for what you paid over the more recent agreed amount.
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