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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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Can My Ex-wife and I make a legal document, have it notorized,

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Can My Ex-wife and I make a legal document, have it notorized, and signed by witnesses. and have it supercede the roginal divorce decree if we both agree on everything. including child support?
Hello,
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After a divorce decree has been issude and marital property settlement is entered, then the parties would be free to make a newer agreement with regard to division of any property or assets owned and it would be completely binding once signed and notarized. Once parties are divorced, they can enter into virtually any kind of agreement they choose to.
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But with regard to child support, since this is a continuing court order for payments, it would have to be modified through the courts in order to be legally binding. However, as long as any support didn't fall below the minimum set by the state for child support, both parents could file a motion to modify support and ask the judge to modify the amount to meet their agreement. For example, if the minimum support set by statute is $200 per month and the non-custodial parent was ordered to pay $500, the parents could ask the court to lower it by agreement as long as it was not below the $200 set by law.
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Thanks.

Barrister

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