My childrens father and I have come to terms concerning visitation and modification in child support...can we prepare a letter of agreement,making our own changes to the existing order, sign, notarize and have it stand up in court, (just in case one of us has a change of heart,)as opposed to the exspense of lawyers, and going back into the courts. We're just basically changing visits to fit into the childrens schedule as they get older and more activities come up. In exchange for him agreeing to different schedule, he'd like a decrease in the amount of the child support he pays.
2007-11-02 05:58:34 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
To be held up in court, an agreement or affidavit generally must be sworn to under penalty of perjury. Typically, this means that above the signature of the person it says something like "I declare under penalty of perjury of the laws of the State of XX that the foregoing is true and correct." The exact wording that is required is different from state to state.
Notarizing the document just means that the signature has been verified as being that person, not that the contents are true.
Modification of your child support and visitation is an important matter. It's worth spending a little time and money to have an attorney write it up as a "stipulation", signed by both you and the father and then filed with the court as an official order.
2007-11-02 06:11:40 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
It may require a trip in front of the judge, but I'd say the majority of courts would prefer you to work things out amicably. Both of you should go to court before the judge with your signed and notarized modification (with a space for the judge's signature and date), tell the judge you've come to an agreement about child support - changing amount of support and visitation, etc. - and ask him to enter the order.
2007-11-02 06:03:56 · answer #2 · answered by xK 7 · 0⤊ 0⤋
Well a notarized letter is a legal document. So it may hold up in court. The only concern would be contractual law. There are whol semesters in law school on how to prepare right and ultimately circumvent contracts. So I really don't think that a notarized letter would hold much weight in the court system.
2007-11-02 06:03:48 · answer #3 · answered by steven c 3 · 0⤊ 0⤋
A notarized letter is not a legal manor of transfering child custody or abandoning your parental rights. It is however a legal document and therefore proof. It depends on what else it going on and what other evidence there is to present. And if doesn't make you look good. But it is also very hard to take custody from a mother even if she has terminated her parental rights she can still get her children back. Best of luck to you.
2016-04-02 00:42:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It would seem so, but i've had friends that tried to do those types of things and the judge wouldn't even listen. You might have to get a lawyer just because the judge says so, mostly because you're not trained to handle legal matters. There's the whole liability issue. For example: you can't go to jiffy lube and change your own oil right? If something went wrong it would be their fault, right?... Same with alot of courts, just to save themselves the trouble they want lawyers to handle lawyer work. Just too bad it costs so much.
2007-11-02 06:11:10 · answer #5 · answered by Gregory D 1 · 0⤊ 0⤋
I would go back to court and have this adjusted to the child support agreement. That way it was ordered by a judge
2007-11-02 06:03:57 · answer #6 · answered by Whit 4 · 0⤊ 0⤋
If you both go to court and say yes that what we both want is should hold alot of weight. If I was I would try using it anyway ot can't hurt and will definately hold weight.
2007-11-02 06:16:38 · answer #7 · answered by Lou 6 · 0⤊ 0⤋