Tom McCutcheon – Attorney at Law
Q: When my ex-wife and I got divorced our two children were in private school. I agreed to pay extra child support to help pay for school. My children were put in public school after my wife moved and we agreed I could pay less child support. Now she is taking me back for more child support and for the child support that she told me I didn’t have to pay. I called a lawyer who wanted to charge me several thousand dollars but I wasn’t sure they could help. What should I do?
Ruben
Russellville, AL
A: Over the years that I have been writing this column I have tried to make certain that everyone who reads my column understands that an agreement that is not in writing is not worth the paper it’s not written on.
Verbal agreements are just not business-like. It may seem as if there is a lack of trust if you ask that your agreement be put in writing and signed by both parties but if you don’t, you really don’t have an agreement that you can rely on.
You won’t win this case in my opinion.
Oddly enough, even if you and your wife had agreed to a different amount of child support and put it in writing, without ratification by the Court (a Judge’s approval of your agreement) that agreement is not enforceable. All agreements changing the amount of child support have to be agreed to and approved by the Judge which means it has to be filed in Court.
A common mistake that people, usually men, make is to reduce their child support as the children reach age nineteen without court approval and that’s just not valid. Further, at first blush some people would think that a man paying $500 a month for two children would pay $250 a month for one child. While that might be a simple and easy way to think of it, the Court looks at it differently. The mandatory child support guidelines take into account that once you have provided a roof and a refrigerator and those things that are necessary to raise one child, it doesn’t cost twice as much for a second child.
In Alabama if a husband and wife each earn $2100 a month child support for two children is about $500 but child support for only one is about $350 so cutting the child support in half is inaccurate.
I wish that I could offer you a brighter outlook because in the grand scheme of things you were originally generous so that your children could attend a better school and now it appears that you are going to be penalized for your generosity if your ex-wife so chooses. I certainly would consult with a good divorce lawyer.
Buckle up and drive safely.
2210 Helton Drive
Florence, AL 35630
256-764-0112
