Ex wants to stop his child support payments
I was divorced in 2006, and my ex was to pay child support for three children, which I would have for ten days and my ex would have for four, on a rotation of every other weekend, and alimony to me (ending in Dec of 2011). In September of 2010 he stopped his alimony payments and filed a motion with the court that his circumstances financially have changed.
I remarried April 30, of 2011 and notified CSEA so that his alimony would stop as of that date. He continued to pay his child support, but in June of 2011, he has asked that the CSEA (Child Support Enforcement Agency) review his payments, and I have received no support since June 30, 2011.
Yesterday (Oct 4, 2011), we went to mediation to try and solve the problems we are having. The result was that he would give me the retirement that he still owes me, pay a small part of the alimony he owes me, but would have no child support payments for the next ten years. I walked away feeling somewhat ok with this, but after I thought about it I'm not ok with it. When I sat down and figured out the (estimated) amount of what every thing was, I was getting only 25,000.00 to support my children, but was walking away from 129,799.00 (spread out over the next ten years and this also include the full amount of back alimony he owes to me).
My ex makes about 330,000.00 annually. I was using my spousal support to help me finish my college degree. At this point I am not done with school (considering I was focusing on this issue, as well as others, and put school on hold), and I am unemployed. I do get a small amount of support from my current husband (for rent, groceries, bills, etc), but we're not sitting on a lot of money, so combating my ex is hard to do without the funds to do so.
Considering these factors, the private judge at our mediation said that by splitting the time with the children, he would no longer have to pay child support. I was not happy about this, but believed that my only option was to take the 25,000.00 and use that for child support until it ran out.
My question is, if I take this settlement, can I turn right around, immediately, and file to have him pay child support? Or would I be better off to try and have the courts set that up now?
My only problem is, I don't really have the funds to fight him on this now, but I would after I get the 25,000.00 settlement from him.
Thank you for your time.