Legal Question in Family Law in Maine

Suspension of Child Support

Father awarded custody of his two kids in '03, then 15 & 10, and Mom Ordered to pay child support ($40 per week). 17yo wished to move back to Moms. Agreement reached between parents, (17yo to move, support to be suspended), put in writing and notarized in Aug '05. Father agreed to move and suspension, partly because it was agreed 17yo would not change schools and Mom verbally agreed to drop the 13yo at our home in the mornings after her visits (she goes right by our home to drop 17yo at school). 3 months into change Mom got angry with father and will no longer drop 13yo home on her way by. Since she broke verbal agreement, father did a 'Modification to Suspension Agreement', stating Mom was to pay child support until court awards her custody of 17yo. Mom will not file for custody saying the Susp. Agreement is binding, and because of last sentence of Agreement father cannot modify unless she agrees. This is last sentence: This is the entire agreement between the parties and may only be modified in writing executed by the parties hereto. Is Mom correct? Does the susp. agreement 'trump' Court Order? Neither the 'Susp Agreement' or 'Mod. of Suspension' were filed with courts. Does Mom have to pay the Ordered child support?

Thank you


Asked on 5/26/06, 2:43 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Suspension of Child Support

What you are describing is an all-too frequent happening; divorced parents attempt to modify the previous Judgment without going back to Court. The parents in this matter made a verbal agreement, which was prudently reduced to writing, which was then breached. From your set of facts, neither parent ever went back to the Court.

The general rule of law is that, until modified by the Court, the child support order stands. If I represented the mother, I would argue that the father is estopped or otherwise prevented from asserting that the original child support order was in effect during the length of time that the parties were in agreement.

However, now that the parties are at stark odds, it appears from your facts that the child support order will need to be modified and, moreover, a motion to enforce may be required.

If you have any questions, please do not hesitate to contact me.

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Answered on 5/30/06, 5:31 pm


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