Notarized form / child support
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HI do you think or know if a Statutory Declaration Affidavit when nootorized and signed by both parties stand in court.
The form will indicate that there is not chilld support needed nor wanted for the 2 kids , both parties have aggreed to put that in writting and keep the form in a saftey deposit box. ( he does pay but not what is recommened as she doesnt want it no need it )
Just wondering if things change down the road would the letter be enough ? we were just wondering just in case .
I'm guessing no, considering
I'm guessing no, considering they tried to waive support before and the judge said no. Your DH should really consult an attorney.
I told him that too, i really
I told him that too, i really really think he shoud spend the money and go to a lawyer, i dont want to help him with this really dont, but hes so bad oon computers he aaskes to print him off forms and such, and i go on this site as you guys always have the best adivice
No, it is not good enough
No, it is not good enough. Unless it is approved by the court, it will not stand up in court. Why don't they just file with the court? They can probably do it themselves, if they both agree.
Yes makes sense i think he
Yes makes sense i think he will atttach that to the last step they need for the devorice
If he ends up having to pay,
If he ends up having to pay, but BM doesn't actually want the money, can't he just pay and she can gift him the money back? Not sure if the funds need to travel through a child support agency to count, but if they do, he just pays and she Venmos it back to him. He gets the credit and the money back.
They did think of doing that
They did think of doing that as well, she would just t tranfer it back to him,, she just gets very snippy and mean sometimes and treatens him if he doesnt switch a weekend and do some thing she asks, then she hold the money over his head,. she is not a nice person and he just wanted something in writting to calm down the situation a bit.
Unfortunately, unless he
Unfortunately, unless he pursues further legal advice.. the only real option is this. He can document that he paid his CS. The money (if she is in the mood) can be gifted to him. There are gift tax exemptions.. so they may want to check that possibly. But, if a lawyer can not get the official order changed then yes.. he is at her whim and mercy to get money back.
Honestly, if the CS is based on the state/prescribed guidelines then honestly, it should most likely be what he pays. If she doesn't need it? she should just put it in an education/savings account for the child when they get older.. or for some uses like buying a car etc... or helping them start out as young adults.
Remember.. her need for the money could change too.. so unless his financial circumstances changed.. this is what the court deems reasonable.
It should, from the way it
It should, from the way it was explained to us by our lawyer back in the day, if my DH and his ex had signed a written agreement and gotten it notarized and submitted to the courts it would have been considered legal and upheld by the court.
Your husband should either
Your husband should either find $200 or so and ask a lawyer if he can appeal the judges order or just start working out how he is going to afford the CS amount ordered. Wishing there was a 3rd way is sticking his head in the sand.
The amount is 950.00 a month
The amount is 950.00 a month hes supposed to pay . He pays the 200 now
Ok. So he has two things to
Ok. So he has two things to do then
1. He has a starting point to work out a new budget or increase his income, he can start working on the straight away.
and
2. He has $750 a month motivation to pay for a lawyer to see if he can get this amended. That would easily pay for an initial consultation to see if he has any options. If the lawyer says that there are options available that would be likely to work then your husband can put the legal costs on a credit card or take out a small loan and ensure that the payments will be less than $750 a month, so he will end up saving money. If he is lucky he can get this sorted and not be out too much money.
If he ignores this situation or magically thinks that circumventing the legal system will work in his favor he risks being wacked with a huge CS bill by BM at a random time in the future.
Reality sucks sometimes, but we need to deal with it or deal with the consequences.
ETA: the $200 in my above post was my estimate of an initial consultation fee with a lawyer, not anything to do with the amount of CS he currently has to pay or has been ordered to pay in the future.
Got it , i understand thank
Got it , i understand thank you
No.
No.
Child support is fluid. Even
Child support is fluid. Even if this is filed the court does not need to accept it. If he is obligated to 950.00 a month by court order, that is what the court expects him to pay. If he chooses not to and BM lets him, she;s got him by the balls. She can file for contempt at any time.