CS modification

[wldcherry1]

Bob and Sally got divorced in 2000.  They have three kids.  In their divorce decree it states the amount of CS and by how much the CS will be reduced (giving a specific amount) as each child turns 18 or graduates.  At the time of the divorce the CS was higher than the state guidelines and is just now leveling out.  Bob is getting ready to retire from the military but has no plans to try and reduce CS.

1.  Because the amount was agreed to in the original divorce is it considered a contractual agreement between the parties that the judge approved and not a CS amount the judge ordered?

2.  If it is an agreement between the parties, to get an increase does Sally have to prove that she can no longer care for the children on the current amount?

2.  If Sally tried to request an increase in CS and Bob never went in for a reduction but never got another job because he is retired could the court claim he was voluntarily underemployed and still raise CS?

3.  If Sally tried to request an increase in CS and Bob is retired and is living on retirement and continuing to send the original amount could the request backfire and the court end up reducing CS?

Thanks

[socrateaser]

>1.  Because the amount was agreed to in the original divorce
>is it considered a contractual agreement between the parties
>that the judge approved and not a CS amount the judge
>ordered?

No. This agreement is illusory, because a contract to permanently fix child support is void as against public policy. Sally may move for a support modification on grounds that a material change in circumstances affecting the child's best interests exists, such as evidence that setting support to the State guideline would increase child support by more than $50 per payment period.

Sucks, I know.

>
>2.  If it is an agreement between the parties, to get an
>increase does Sally have to prove that she can no longer care
>for the children on the current amount?

Irrelevant.

>
>2.  If Sally tried to request an increase in CS and Bob never
>went in for a reduction but never got another job because he
>is retired could the court claim he was voluntarily
>underemployed and still raise CS?

No, if Bob is eligible for retirement, then he may retire and the child must accept the guideline percentage of Bob's retirement income. As a practical matter, this rarely occurs, because retirees incomes are so decemated by the support guideline that they must return to work in order to survive, and thus the child gets more support from that new income.

There may be State and case-specific exceptions, but the above is the general rule.

>
>3.  If Sally tried to request an increase in CS and Bob is
>retired and is living on retirement and continuing to send the
>original amount could the request backfire and the court end
>up reducing CS?

Yes, but I'd talk to an attorney in the appropriate jurisdiction, because there may be an exception based on similar facts to yours