Have I Set a Precedent Outside of the Divorce Decree on Children's Expenses?

Divorce Forum
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Hi all,

I’m divorced with a decree stating that my ex and I evenly split our children’s expenses. Last year, we agreed to modify custody, and during those discussions, I verbally agreed to cover a larger percentage of our children’s expenses based on our relative incomes, since I earn more. However, when we signed the modification, that verbal agreement wasn’t included in the final document. Neither of us noticed at the time.

For the past year, I’ve been paying that higher percentage because I agreed to it verbally. But now, due to higher personal expenses (mortgage and college tuition for my oldest), I’m reconsidering whether I should continue paying more than what’s legally required in our decree.

My concern is whether I’ve set a legal precedent by doing this for a year, even though it wasn’t written in the legal document. Could this affect how future expenses are handled?

I understand this might also be an ethical question, but I’m more focused on the legal implications at the moment.

Any advice would be greatly appreciated. Thanks!

2

What expenses are you referring to? Also, what’s the custody split like?

Keep in mind, child support is supposed to help balance out these kinds of expenses. Even though you may have higher personal expenses, it’s usually fair to base the split on your income compared to your ex’s.

3

Are you getting a say in what these expenses are for? For example, did the other parent decide the kids should do horseback riding and now you’re stuck paying? Or are we talking about necessary expenses like braces, where unfortunately, you just have to cover your share?