Child Support - Will this hold up?

-About 4 years ago I was ordered to pay $800 CS for my two kids. A year and a half ago I lost my job and my rental income properties. All last spring I had my boys almost everyday. My wife agreed at the time that she saw no need for me to pay that much or a set amount as long as we work together on paying their stuff. We have and still currently do. I've been empolyed again for almost 6 months and since I was hired on we have made a few adjustments that have worked out...but I have never stopped paying. Over the past few months we have not been getting along and now she is demanding that we follow the court order. I pay for a lot of my kids stuff and I have never asked for anything in return. Now since I won't conform to things any longer (long story), she is using the old amount that the court set of $800 as a threat...she is saying she wants me to just up and start paying that amount again after all this time and are previous agreements. How will this hold up in court?If the $800 was court ordered, she can get you for the difference between what you paid, and $800 for all those past months. Verbal agreements become your word against hers....won't stand up.
What will hold up in court is the court ordered child support...anything you provide above that is considered a gift...go to court and have the amount altered to your new income...
depends on the courts order
First and foremost, the laws in every state are different and you need to consult an attorney in your jurisdiction for proper legal advice.



Getting straight to the point, you should never pay the custodial parent directly. Unless and until your order states that you can pay your ex directly, you must pay child support through the state.



In most states, the money you pay directly to the other parent will be treated as a 鈥済ift,鈥?not child support. Since the appropriate entity (the state) did not receive the money, you would still owe child support. You could even end up paying the full amount twice.



If you would rather pay the parent directly, contact your attorney to learn what the local requirements are for opting out of the state payment system. Most states do allow you to opt out, but generally you cannot have arrears and both parents must agree and/or the court must determine a revised child support order is appropriate.



Whatever you do, do not simply stop paying child support. You will have to invest in your relationship with your children if you want parenting time with them. It is your choice whether to do so as the deadbeat parent or the dedicated one. You do not need a lawyer to know which parent the judge favors.



You should check out DadsDivorce.com, a free resource for men that are dealing with the various issues that surround family law such as divorce, child support, alimony, etc. There is an "Ask a Lawyer" feature where you can get your personal questions answered by real attorneys and also a "Forum" where you can talk with other men in similar situations.
Do you have any Documentation emails texts written contracts where she agreed to a different amount?



If you don't attempt to get along and get her to acknowledge that she accepted your past arrangement for then.



For now if you make around the same amount as before then yes you have to pay the same amount. You can choose to stop buying as much for the kids to make up the difference.



As I am sure you know children cost lots of money. From the food they eat having more house to live utilitie, child care, health care, days off work when they are sick, clothes, and of course the wants like sports, toys, electronics. It all adds up and from first hand experience the parent that has the children almost always pays more of their personal income towards the children then the spouse living out of the home. Just my experience from my daughters dad and I and even that of my husband with his ex wife.



Good Luck.