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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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My 15 year old son whats to live with his dad. We have joint

Resolved Question:

My 15 year old son whats to live with his dad. We have joint custody and I am the primary custodian. His Dad and I agree in having our son move with him during his teenage years. Can we draw up an agreement for this or will the divorce decree suffice. Also, I agreed to return his $600 child support payments. Is there a promisory or document we can draw up since we both agree?
Submitted: 6 years ago.
Category: Family Law
Expert:  Barrister replied 6 years ago.

Hello,

 

Have you already gotten a divorce? with a support and custody order setting out the custody agreement?

 

If not, then you can make that part of the support and custody agreement.

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If you already have one in place, you would need to draw up a new contract setting out the terms that you are agreeing on with both of you signing and having it dated and notarized. It would then be a binding contract that would supercede any previous divorce agreement.

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There is no special legal terms you need to use. You would just draw up the agreement in simple terms stating what you are both agreeing to, both sign it and date it in front of a notary, and then it is a binding contract that is enforceable by either party.

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thanks

Lawpro

 

 

 

Barrister and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
We have been divorced since 1996. So you are saying an noterized agreement is binding. Is me returning his child support good enough?
Expert:  Barrister replied 6 years ago.

Does he pay child support directly to you or go through the courts child support division?

Customer: replied 6 years ago.
He pays through the Texas OAG office, and gets direct deposited into my account. My plan was to write him (my ex) a check for the amount of Child Support that gets deposited into my account. I do not want to have to go through the courts and since we are rather amicable, I think this would work.
Expert:  Barrister replied 6 years ago.

Ok, then technically he would have to continue to pay the support if you don't want to go through the courts to get it set aside. But your written agreement would be considered a binding contract enforceable by either party. So you can just state that you are voluntarily transferring physical custody to him and that you will refund his payment each month as long as he retains physical custody.

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And yes, you can enter into any agreement that you both agree to and have it be legally binding as long as it is not for an illegal purpose (this isn't).

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.

thanks

Lawpro

 

 

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