Without going back through court proceeding, will a signed and notorized agreement hold up in court if my ex stops paying??

Asked almost 5 years ago - South Bend, IN

My ex owns a restaurant so I had a clause put into the child support order he would have to pay 22% of the corporation profits every 3 months. Now knowing he would always show the corporation at a loss so he wouldnt have to pay, I just forgot about it. Now he has come to me in need. He wants to buy a house but since he reports the corporation at a loss every month it is now affecting his personal as well and causing him not to be able to purchase the home without a great deal of money down. He is asking me to work with him and take the 22% off the paperwork or draw up some sort of document stating I dont want 22% anymore and he agrees to pay me 500 per month on top of the child support. This way I wont come after him later for the 22% and he can report money to the corporation.

Attorney answers (1)

  1. Dave Hawkins


    Contributor Level 20

    Answered . The only way one can modify a court order is to go back to court and file the proper Petition to adjust the order of child support. A verbal agreement will not suspend his obligations under the original order of child supprt.

    Hope this helps.

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