Child Support Reduction

[KathyNY]

Dear Socrateaser-

I wrote to you before about my ex-wife stating she is ending our "verbal agreement" that reduced my child support obligation from $250/wk to $200/wk.  You replied that you would want to see the actual wording from the documents.  I have provided that below.

ACTION FOR DIVORCE dated and signed by (ex's attorney) and (ex-wife) on May 15, 2006...

"To the above named Defendant
You are hereby summoned to serve a notice of appearance, on the Plaintiff's attorneys within 20 days after the service of this summons... and in case your failure to appear, JUDGEMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE RELIEF DEMANDED IN THE NOTICE SET FORTH BELOW."

Under #8 in the Action For A Divorce is the relief sought-

"WHEREFORE, Plaintiff respectfully demands judgement as follows:

... 3. Modification of Defendant's support obligation from $250.00 per week down to $200.00 per week."

In the JUDGEMENT OF DIVORCE dated and signed by what appears to be (Justice of Supreme Court's name) on Aug 2, 2006 it states:

"The issues in this action having come on to be determined... the Defendant having been personally served on May 26, 2006 and the Defendant having failed to serve a notice of appearance or answer to the complaint, and the time in which to answer Plaintiff's complaint having expired, and Plaintiff having submitted her claim for divorce of the marriage... and the Court having made its Findings of Fact and Conclusions of Law,

NOW, on motion of (ex's), attorney for Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED, that the Plaintiff is hereby granted a Judgement of Divorce against Defendant...

...and it is further ORDERED, ADJUDGED AND DECREED, THAT A COPY OF THIS JUDGEMENT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE FAMILY COURT OF ONONDAGA COUNTY, ACCORDING TO STATUTE, BY PLAINTIFF'S ATTORNEY."


My questions:

1) Am I correct in interpreting the documents to state that since I did not respond to the Action of Divorce, the Judgement of Divorce was granted in favor of my ex, with her getting her "relief demanded" by default.

2) I take this to mean that it is in writing, and is ORDERED by the court that I only have to pay $200/wk.

Please advise.  Thank you very much!

[socrateaser]

>My questions:
>
>1) Am I correct in interpreting the documents to state that
>since I did not respond to the Action of Divorce, the
>Judgement of Divorce was granted in favor of my ex, with her
>getting her "relief demanded" by default.

Yes.

>2) I take this to mean that it is in writing, and is ORDERED
>by the court that I only have to pay $200/wk.

If that's what the judgment said and no subsequent order was entered, then yes.

But, as I must have told you, any verbal agreement between parties for child support is VOID as against public policy. Only the court can establish, modify or terminate a child support order.

So, based on your facts, you were never obligated to pay $250, despite your agreement.