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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111489
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My boyfriend has his ex wife going to the state of Minnesota

Customer Question

My boyfriend has his ex wife going to the state of Minnesota to have him pay the full amount of child support per their divorce decree.. That amount is $823..However they made a verbal agreement after the divorce and he has been paying her $350. He has a court date to modify child support , and has asked her to write an agreement letter about the amount the verbally agreed to... The letter doesn't state anything about the money he has paid over the past year and doesn't state anything about the agreement being enforced. Is it legitimate and will it be good enough for child support agency to forgive him the amount he owes according to the state of Minnesota? Can he write his own agreement? Is the agreement legally binding ? Can she say in a month or two she doesn't want to continue with it and go after him for the full amount dated back to their decree signing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that a verbal agreement does not change the court ordered support amount. He was smart to ask the ex to write a letter regarding the agreement, but if she is writing a letter that does not say anything about the agreement and what he has paid over the past year, then it will not do any good with the child support enforcement agency.
Your boyfriend needs to write his own letter specifying what the court ordered and that the ex and your boyfriend have agreed that your boyfriend would only pay $X, which was less than the court order. The letter needs to say that she has agreed to accept only this amount and not hold him liable for arrears.
If she signs the agreement, it is acceptable to child support enforcement (or the court if CSE wants more) and it would be enforced like any other contract, as long as the amount he is paying is fair to care for the needs of the child.
Once she signs the agreement, which I would suggest using a local attorney to write (it is worth the money spent to have one draft the agreement to make sure it is clear and done right), then it is binding on her and she cannot change her mind later.
Customer: replied 1 year ago.
So if he writes his own agreement not like the one she has which she copied from a website template.. Not done by an attorney because he just doesn't have the extra money Can she a month from now change her mind and say the agreement is off ..
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
He can indeed write his own agreement, even if he does not use an attorney. Once she signs it, then the agreement would be as binding as any other written contract would be and she would not be able to get out of it later.
Customer: replied 1 year ago.
If he is going to court this Wednesday to modify his child support order per their divorce decree can he present the agreement to the magistrate for her to sign or is it to be sent to the MN child support enforcement agency? Would you suggest he bring this agreement up at the court date to the magistrate ?
Customer: replied 1 year ago.
I sent u a copy of the plagerized agreement that she wrote... Can u tell me how that this is no good to him?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Any agreement would be between him and her, not involving the court. So the court will not order her to sign the agreement, it has to be voluntary. Your boyfriend and her need to negotiate on the agreement and she can sign it on her own. This agreement would be in addition to any modification the court grants for the future. Once she signs it, then he would send a copy to Child Support Enforcement and would also file a copy of that agreement with the clerk of court where the modification was filed.
The agreement you sent would be good for future support and it would protect him for that until September 2016 when it increases as the agreement states and it would be binding on her. It does nothing about past payments due.
Customer: replied 1 year ago.
does he have to file the agreement with both the child support agency and the courts or just Child support agency. In order for it to be binding but what I am afraid of is that she is the type of person that would in one month or two months say I don't agree with this anymore and I don't want to go forward with the agreement is there any possibility of that happening with the written agreement that he would write and propose to her once it's signed if it is only given to the child support agency and that filed with the court system
Customer: replied 1 year ago.
I just really am trying to make sure that there is no way that once in agreement is signed between the two of them pertaining to past paid child support and present pay child support but there is no way that she can go after him or decide that she doesn't want to go forth with the agreement as long as it has a date that the agreement is good until.. Right ? I just really am trying to make sure that there is no way that once in agreement is signed between the two of them pertaining to past paid child support and present pay child support but there is no way that she can go after him or decide that she doesn't want to go forth with the agreement as long as it has a date that the agreement is good until
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
He would file it with BOTH. Once he files it with Child Support Enforcement, then he files it with the court and it becomes part of the court permanent record and that would allow him to enforce it in that court case if she does not honor it.
That agreement would be a binding contract, she cannot come back after 2-3 months and say she does not want to do it anymore.
Customer: replied 1 year ago.
Do you have any idea what the typical price would be to come up with an agreement like that prepared by an attorney ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
Typically for only the agreement about $250 would be what an attorney would charge.