My wife and I are separated. I am going overseas with the military, she wants a written agreement that I will provide money for her and the children to live on. Do I really need a lawyer to draw this up, or can we just write up our agreement and have it witnessed by a third party?
Optional Information: Fort Worth, TexasAlready Tried: We just taked about money. i earn the only income. I have not stopped any money, although she has accoused me of it. I did open a seperated bank account and plan on have the money from the military go there. and have an alotment set up to pay her. I told her I would give her just a little less then what I make at my civilian job, and cover the cost of my car, and credit card
ANSWER: Yes, so long as she agrees to do it this way, there is nothing that prevents you from drawing up your own agreement and having it signed by both parties and witnessed by a third party. And you do not need a lawyer to draw up the agreement. Of course, such an agreement, even if witnessed by a third party, may not be enforceable in the event you fail to keep your end of the deal, which is way now lawyer to whom your wife might speak to would advise her to do it the way you are proposing. After all, if you fail to abide by the agreement, with you being overseas and she and the kids being here in the states, how is she supposed to enforce the agreement and collect the money that you promised to pay? For her protection, and for the benefit of the kids, she needs to have a court-ordered child support obligation that is immediately enforceable in the event of a obligated parent's failure to pay. A separated wife in the situation you are presenting would be well advised to the contact the Child Support Enforcement agency in the state in which she resides and apply for support establishment and enforcement services. The agency will take care of all of the paper work and get the job done. Cost to her will not exceed $25. Now, having said all of that, if you can convince her that a do-it-yourself agreement, prepared by you, signed by both parties and witnessed by a third party, is sufficient and that nothing more is needed, that's great (at least for you). So if you can get it done that way, go for it. And I wish you well in the endeavor. ========================= Having answered your question, please acknowledge by clicking the green “ACCEPT” button. Your question will not close, and you will still have the opportunity to follow-up if needed. Also, please add some positive comments in the feedback space. It isn’t required but is most helpful and certainly appreciated. Thank You! Lawrence D. Gorin, Oregon Attorney39622.6416480324
30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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