Family Law Questions? Ask a Family Lawyer Online.
she is my biological daughter, since me and my wife have lived seperated i have paid my wife child support but it was never ordered by a court. we just agreed on it. recently i found out that i had another child from before i was married. his mother is taking child support out on me. i agree to take care of him and pay the support but the child support agency sayd that they wont count my daughter for support because she doesnt live with me, even though i still support her. i want to sign a child support agreement with my wife out of court and get it notarized so i can show the child support office that i do pay support for my daughter, but me and my wife dont want to have a separation agreement.
Thank you for your follow-up.Ah, I see. Now I understand. In that case you CAN create an 'out-of-court' agreement between you and your separated spouse showing how much you are paying, if anything, for the child. However, and this is key, the other party and the other courts DO NOT have to honor it. If you want to truly lower your obligation that you may owe to this new party, have your separated spouse go to court and obtain a formal order against you but request that she personally enforce it (so it does not go via the state agencies). Then you can pay what is owed (or your spouse can claim that you paid what is owed) and it will affect all other obligations or all other formal demands against you.Hope that helps.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).