Non-Guideline CS Arrears
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My DH signed a non-guideline CS agreement with BM for $2000 in CS and $500 in SS during their divorce. He let her know at the time that he didn't think he could make that much money each month, but that he would try. He grosses about $4,000 a moth before taxes. She agreed that she would never go after him for arrears if he did his best. Now that we are married and CS has been adjusted to guidelines ($895 a month) of course she is going after arrears. If the CS was so far above guidelines and DH missed a couple hundred a month here and there from 2009 to 2010 and then has only been able to pay about $1100 a month in 2011, will the judge take into consideration the huge amount of non-guideline support and lower or negate arrears?
Well it was a non-guideline
Well it was a non-guideline agreement between the two of them that DH signed and was included in their final divorce papers in 2009. He did give her money before the order was in place so I'll let him know that he should let the courts know that. He also has good records of the money he gave her. He would deposit it in her bank account and keep the receipt. I guess I am just wondering if we have any leeway with the courts since he was clearly paying so much over the guidelines.
If it was signed into the
If it was signed into the decree, he's SOL. He shoulda modified it a LONG time ago. Sorry.
Ughh, thats what I thought.
Ughh, thats what I thought. DH should have had it modified a long time ago, hell, he should never have signed the non guideline agreement. He knows it was a mistake, but he was all guilt ridden and kept defending his decision when I first met him as not wanting to leave his kids wanting for anything. He now realizes that she is half responsible for those kids too and working part time on purpose. Oh well, it is what it is.