Is a notarized agreement as good as a court order document?

Question

I am a single mother in the middle of a debate with the father of my child. He has been an excellent father to my daughter. But ever since his wife found out about our (Love Child) He has not been supporting her as he did in the past. He's been making me promises that he will do better, But I have yet to see the change. I don't want to put him on child support, I'm wondering if we make an agreement and have it notarized will that be a way of getting around the courts. What would you recommend in this situation?

Answer 1

A father has a legal obligation to support his child. No agreement that you may make with him to get around child support is good enough. The right to support belongs to the child, not to you.

The Pennsylvania Support Guidelines were developed with the idea that the child(ren) of separated, divorced or single parents should receive the same amount of parental support as if the parents were together. The State Supreme Court issues these guidelines for the Domestic Relations Section (DRS) to use in calculating how much child support a parent should pay.

The guidelines are based on the needs of the child and the ability of the parents to provide support. The noncustodial parent is required to provide child support until the child turns 18 or graduates from high school, whichever occurs later, unless otherwise ordered by the court. Either parent may be ordered to provide health care coverage, if it is available at no cost or at a reasonable cost. The incomes and assets of both parents are considered when the court establishes a support order.

The support order is a court order that lists the details about child support payments. The support order tells how much and how often support payments must be made and other expenses the noncustodial parent must pay, like health care coverage. When the noncustodial parent has more than one child support order, the support paid is divided between each support case based on a variety of factors.

A support officer will establish the support order based on the income and expense information provided by the parents and in accordance with the Pennsylvania Support Guidelines. The support officer will also consider the time each parent is responsible for the child.

The support order can be appealed. In some counties that appeal is heard by an attorney hired by the DRS; the individual may appeal the attorney's decision to a judge. In other counties, the appeal of the support order goes directly to the judge for decision.

The Support Guidelines are in the Pennsylvania Rules of Civil Procedure 1910.16-1 through 1910.16-7.
* Promote consistency of support awards in similar cases;
* Treat each child equitably so that all children belonging to the same parent receive equal support and treatment;
* Place primary emphasis on the net incomes and earning capacities of the parents with allowable deviations for unusual needs, extraordinary expenses, and other factors that warrant special attention;
* Require a written or recorded finding that specifies the guideline amount and the amount of, and reasons for, any deviation if the guideline amount of support is not ordered;
* Incorporate a Self-Support Reserve to make sure that low-income, noncustodial parents retain sufficient income to meet their basic needs and to maintain the incentive to continue work;
* Provide for proportionate sharing of child-care costs based on the parents' net incomes so that expenses are divided in the same manner as other expenses that are typically added to the basic support obligation; and
* Are reviewed and updated every four years to consider changing economic, social and legal conditions.

What is considered Good Cause for not filing for support?
Domestic Violence - Good Cause is granted when pursuing support would:

* Make it more difficult for an individual or family member to escape domestic violence, or
* Place an individual or family member at risk of further domestic violence, or
* Unfairly penalize an individual who has been victimized or who is at risk of further violence

Rape, Incest or Adoption - Good Cause is granted when:

* The child was conceived as a result of rape or incest.
* Court proceedings for adoption of the child are pending or the parent is working with an agency that is helping to decide whether or not the child should be placed for adoption and these discussions have not progressed for more than three months.

Answer 2

You should hire a lawyer as family law matters are very, very complex.

Generally, child support cannot be bargained for even by the parents. It belongs to the child.

A notarized document is not, and probably would be a poor substitute for, a court order.

The parents can agree to reasonable child support, but since the child is a minor, the court would have to ratify the agreement, determining that it is, in fact, reasonable and lawful.

Like I said, hire a lawyer. Hiring a notary is not going to solve this issue, it will make it worse down the road, though.

Answer 3

If you have a notarized agreement for him to provide for the child, paternity will have to be established at which point, the notarized document will be considered.


Depending upon the state, private agreements between parties are not honored after the case has gone into the public arena.


Generally, without respect to your situation ..notarized documents are legally binding and admissable in court.
With respect to your specific situation, state law trumps notarized documents..especially in cases referencing child custody and support.

Answer 4

Sorry, it doesn't work that way. A promise to pay you is not the same thing as a court order, even if it is notarized. You'll have to go through the legal child support process and the court will decide how much he can afford to pay each month. If he fails to pay that then you can get his wages garnished, but I wouldn't necessarily count on that $2200 figure. It could be higher or lower.

Answer 5

Does it matter?

If the purpose of the notarized agreement is to avoid going to court, then what will you do if he fails to live up to his end of the agreement? You'll need to go to court to enforce the agreement.