Background
In 1996, I had a court filed document stating that child support be paid in the amount of $150. In 1998, I had a custodial agreement signed by my ex, which also included a table of income and matching child support payments that would increase or decrease accodingly. We both claimed the 1800 on our tax returned, mine as income, his as a deduction. When the law was changed and allowed for the parent receiving the child support income to not have to claim the support as income, my ex and I agreed to no longer claim it our income taxes, and to not adjust the tables to match the government. Even when his income would have meant a greater amount he would have to pay according ot the government's tables. I was fine with receiving less, as he always made payments, and did plenty of things with our child. The thing is, we never filed anything new with the courts. The fact that neither of us claimed the support on our income tax return since 2000 supports the fact we did have a verbal agreement.
Question:
Is our verbal agreement binding? My ex now wants to start claiming child support on his income tax return. I do not want to start claiming it again. Besides, the support is much lower than the government's tables of recommended payment amounts. We have a verbal agreement, but would a judge rule in favour of my ex? The courts only have the original one that states he pays $150 a month. We did not want to incur legal fees and thought we could work it out amicably, now after nine years, he is changing his mind.
In 1996, I had a court filed document stating that child support be paid in the amount of $150. In 1998, I had a custodial agreement signed by my ex, which also included a table of income and matching child support payments that would increase or decrease accodingly. We both claimed the 1800 on our tax returned, mine as income, his as a deduction. When the law was changed and allowed for the parent receiving the child support income to not have to claim the support as income, my ex and I agreed to no longer claim it our income taxes, and to not adjust the tables to match the government. Even when his income would have meant a greater amount he would have to pay according ot the government's tables. I was fine with receiving less, as he always made payments, and did plenty of things with our child. The thing is, we never filed anything new with the courts. The fact that neither of us claimed the support on our income tax return since 2000 supports the fact we did have a verbal agreement.
Question:
Is our verbal agreement binding? My ex now wants to start claiming child support on his income tax return. I do not want to start claiming it again. Besides, the support is much lower than the government's tables of recommended payment amounts. We have a verbal agreement, but would a judge rule in favour of my ex? The courts only have the original one that states he pays $150 a month. We did not want to incur legal fees and thought we could work it out amicably, now after nine years, he is changing his mind.
Comment