Modification of Child Support – Part I

Because changes often occur either with the income of a parent, the expense of raising a child, or in the residence of child, many couples agree to modify the amount of child support that is contained in their original agreement. But if they have a Judgment of Divorce, this agreement is now part of the court order which means that they need the approval of the court in order for an amendment to be enforceable if there is a problem in the future. So is it really necessary to seek the approval of the court?

Allow me to tell you about a couple I worked with a few years ago. This couple seemed to get along very well. We worked out the terms of their separation, including child support. I then helped them file for a divorce that incorporated that agreement into the Judgment. I even prepared the papers needed to distribute a share of the husband’s pension to the wife.

Then, a year or so after the divorce, the husband lost his rather high paying job and was unable to continue to pay child support at the amount he had previously agreed to pay. They met with me and I helped them work out a reduction in the amount of child support that they both agreed would work until the husband was able to secure new employment.

I prepared the modification agreement which they both signed. However, because of their amicable relationship, and in order to save on the expense of securing a new court order, they decided not to modify the judgment of divorce since the change was only expected to last for a year or so. Then things changed between them.

The husband remarried and one of their children decided to live with him. He then stopped paying all support without first coming back to me to work this out with his ex-wife. When he stopped paying support, she hired a lawyer and took him to court, which awarded her the original amount of support based upon what he was earning at his old, higher paying job!

I later found out he spent nearly $30,000.00 in legal fees trying to resolve this in the courts. I imagine his ex-wife spent a similar amount for her lawyer. And all of this expense and the hard feelings that accompanied it could have been avoided if they had just come back to mediation and worked out the terms of an agreement that would reflect their new situation.

In Part 2 of this article, I will outline how this could have been avoided and what factors to look for in deciding whether it is worth the time and expense of obtaining a modification of the Judgment of Divorce.