Legal Question in Family Law in Maryland
My ex and I mutually agreed to reduce child support that was in our original divorce order 2 years ago. The reduced amout was still higher than the guidlines dictate. The agreement was verbal and she now claims she wants arrears. She does not deny making the agreement but says I should have got it in writing and that she needs the money. We went to a settlement hearing and the mediator told me you can't modify child support verbally. We are now scheduled for a hearing. Is it true that even if she admits to agreeing to change the support she can just change her mind 2 years later?
1 Answer from Attorneys
Since you were paying support per a court order, only the court can legally change the amount. Parents tend to overlook the fact that child support is just that--for the child. The law says that the child is entitled to the support of both parents, and the guidelines are a tool for determining the respective amounts of support that each parent must provide to the child. Had you filed a petition to modify support back when you and your ex made the verbal reduction agreement, the court may or may not have granted it, depending on whether it felt that doing so was in the best interests of the child. Generally modifications up or down are based on a substantial change in the income of either or both parent.
At your hearing, I suggest you prepare a current guideline sheet showing what the guidelines would have called for, to demonstrate that you've still been exceeding the guideline, even at the reduced amount, If the court decides that you must pay back what is now probably a substantial arrearage, the judge will in all likelihood allow you to spread this out over a year or more.