agreement

[antonin1]

When my divorce was finalized, I agreed to pay ex-wife as though she had sole custody and CS only computed on my income. The decree stipulated this arrangement would be in place for 3 years. The decree further stated:

"It is further ordered and adjudged that three years after entry of this judgment, either party may seek modification of child support based on the custodial arrangements then in effect and the respective incomes of the parties without regard to the conditions, terms, and limitations placed on Defendant's child support obligation amount in effect between entry of this judgment and three years later as set forth above."



Ex and I have had 50/50 for 2.5 years. For a variety of reasons, I do not want to file a motion to modify CS, even though it would reduce my CS by about 350.00 a month. The 3 year "lock-in" ended in Jan of this year.

1. Can the FOC come after my ex years later becuase I "overpaid?"

2. Do I have to tell the FOC what I am doing (nor rather not doing) or can I just leave all alone?

Thanks.

[davisjames]

1.  NO the FOC can not come after your ex because you overpaid....Technically you are not overpaying.  You are paying the amount set forth in the most recent court order.  

2.  You do not have to tell the FOC anything.  Your order says that you MAY seek modifications.  It does not say that you SHALL or that you have to.  If you choose to be so generous then that is your business and FOC won't get involved unless you involve them.

James