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bretrx7
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Reged: 12/27/09
Posts: 35
Re: question about lowering payment [Re: BeachBabeRN]
      #681764 - 08/10/10 08:31 PM



After my last experiance I prefer to stay out of the courts.


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BeachBabeRN
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Reged: 01/16/06
Posts: 3033
Loc: VA for 21 years, NC forever!
Re: question about lowering payment [Re: bretrx7]
      #681857 - 08/11/10 07:22 AM

I under stand that completely but it is totally in your best interest to bring it back into court. If you pay less with a VERBAL agreement in place, that could come back to haunt you, as she is free to attempt to obtain what will then be considered an arrearage in child support.

If she simply gives some back to you, there's no issue.

Is there only one Juvenile & Domestic judge? If not, attempt to put it in front of another judge.

If you don't want to go into court, then the only way to pay less is for her to refund some of the support back to you. Do NOT lower your payments without a court order in place.


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almostheaven
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Reged: 07/13/04
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Exactly... [Re: BeachBabeRN]
      #681880 - 08/11/10 08:28 AM

>>>>>If you don't want to go into court, then the only way to pay less is for her to refund some of the support back to you. Do NOT lower your payments without a court order in place.

If she gets mad at you later and decides to get back at you for something (could be 5 or 10 years down the line), she can always claim you're in arrears, and you couldn't prove otherwise since you technically paid less. But if you pay the full amount and she sends you back a portion, then you have the proof that you did actually pay it all.

--------------------
Char Fox


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bretrx7
newbie


Reged: 12/27/09
Posts: 35
Re: Exactly... [Re: almostheaven]
      #682149 - 08/11/10 07:30 PM

She has agreed to refund me each month until Jan 2011. I will make the same payment every month. I cant afford another lawyer. I just spent a couple thousand and have not saved a penny on my payments. I just really sucks that I have to ga around selling stuff to make ends meet. If I remember they said they only have one judge but I am not sure and cant afford it anyway.

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