Child Support Modification?

[spepper71]

My divorce was final in 2007, with me paying $1250/per month alimony, and $2750 for child support. While the divorce decree does not split up actual child support versus tuition for kids private school, it was an understanding that $2000 was actual child support and $750 was half of the kids tuition. Over the last five years the tuition has gone up and I have adjusted monthly payments accordingly.

Recently my ex has voiced wanting to pull the oldest out of private school stating various reasons, yet it comes down to $$$. She remarried in June of 2011 and I immediately stopped alimony, which seemed shocking to her, but we got past that. Actually, this is the time in which she started talking about removing the oldest and sending to public.

Well, it came to a head recently after the school year ended, her wanting to move him to public because she just couldn't afford everything. Mind you, her money management has been hideous on top of her not even beginning to work until 2009 or so, and that was only briefly until she found a part time job working half days, during the school year. Don't even get me started on this fact.

Well, the conversation ultimately resulted in me asking her how much she can afford per month for tuition, in which we agreed on $500 a month. So, I'm now adjusting the monthly child support to reflect this, in addition to I will take over making the payments to the school. So, adjusted amount is now $2000 (actual child support) - $500 per month that she is now paying me for tuition, while I pick up the rest.

Question is, and I think I know the answer: Do I have the divorce decree modified to indicate this? As I stated, the original divorce decree lumps this as "child support", not distinguishing amount paid towards tuition versus what is actually paid for child support.

[BartSimpson]

I hope you are paying the tuition directly to the school, right?

Because it would be foolish to write her a check and expect her not to grow attached to the entire amount as "hers".

[Trevor]

She ought to pay that $500 to the school as well. Avoid saddling yourself with the job of Collector.

[chereeda]

You are supposed to pay what is court ordered until a new court order is issued. If you have reduced the amount you send to her, even if it's by agreement, she can go into court and say you are behind in your court ordered support, and she'd win, so you'd have to repay all of that to her. Yes, get a new court order to reflect the new realities. It should be easy to do an agreed order that the two of you submit to the court. If she won't agree to get it ordered that way, then she's not trustworthy on this issue.

donna

[spepper71]

I hope you are paying the tuition directly to the school, right?

Because it would be foolish to write her a check and expect her not to grow attached to the entire amount as "hers".

Yes, that is the reason for the reduction, so that I don't have to depend on her to actually make the payments. Now I will be making the payments directly to the school, and her current child support is paid in direct deposits from my bi-monthly pay. "X" amount goes into her account, with the remainder coming my way. The reason for reducing the $500 from the original agreed upon child support is so that I don't have to "collect" the money from her.

Thanks all for the advised...calling lawyer to setup whatever needs to be done properly.

[Anza]

+1 to Cheereda.........if you are paying less than the paperwork indicates you are liable for the differential.
At a minimum you might consider drawing up a document clearly identifying the alterations, agreement and signatures of both parties. Entered through Clerk of Court.... Just be very careful of shortages based on verbal agreements, they are gifts in the eyes of the court.