I had a settlement conference yesterday and we agreed that I would have primary custody and joint legal with deciding vote. The mother then asked that we keep the $138 support she is paying from 5 years ago and I agreed. When I got home, I saw that Maryland Guidelines says she should be paying over $1000 with this new custody order (274 nights with me and 91 with her (less 25% of the overnights will be with her) and we both have had a significant raise in income.. I also read that support cannot be used as bargaining power (which she did), much like a parent cannot waive or negotiate support as it's for the child. I was not shown the calculations prior to agreeing to the $138 or of course I wouldn't have agreed. Is there anything I can do, and is this agreement over support even legal and valid?
Answer
You should file a petition for modification. Your mediator or the judge or master running the settlement conference should have "run the guidelines" to see what the appropriate guideline amount was. Usually a judge will not approve a reduction of any significance from the guideline amount unless the noncustodial parent is providing other benefits, such as paying rent or a mortgage for the custodial residence. Also, since the mother does not reach the 35% threshold for custody, you use the "sole custody" worksheet to determine the proper amount.
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