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Child support guidelines reducing equalization payout and subsequent changes

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  • Child support guidelines reducing equalization payout and subsequent changes

    My husband and I made a separation agreement a little over two years ago. Our children are now 18 and 19. In it, I (as the non-custodial parent) agreed to pay him a lower amount of child support (than the guidelines) because I did not make him pay me a 'fair' equalization amount. We did this, as we built an addition to his parents home that we lived in. The increased value to the home as a result of the addition was significant. What we agreed on was an equal division of the 'cost' of the addition, not the 'value' of it. As a result, I signed over my 15% share of the value of the home.

    Now, he wants more child support. If he wants me to pay the appropriate amounts from the guidelines, can I insisit he now gives me the actual equalization? What I think I am asking is that if he want the separation agreement reopened (for child support), that does mean it is also open for me to say I want the actual equalization I am entitled to? I didn't take the equalization, because of the lower child support payments.

    This agreement was not filed with the courts. He did take it to a lawyer to review.

    Thanks for any thoughts or input.

    ree
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