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Question: On Jan. 14, I was in an open court situation with my lawyer and my ex-husband's lawyer making agreements with a judge, but not on paper, and I did not sign anything. I have just recently found out that I agreed to child support and a certain visitation agreement. Is it actually legal without me signing it? My ex has signed papers
Response: If you reached an agreement in open court, it is not necessary to sign an agreement. Hence, the Open Court. Open Court implies oral agreement. However, the Court should have a written Order of the Agreement.
Can it be changed? I was under the impression we were still under negotiation, especially, for the child support?
Response: Unfortunately, the Court is not inclined to modify an Order/Agreement that was reached not even two months ago.
One last thing, what if I can't afford to pay the child support? Would sourts be willing to modify that based on financial need?
Response: Maybe. If you really did not understand that you were reaching an agreement in the open Court, you need to let the Court know. File a Motion with the Court for rehearing on the matter.
Will it make me look funny to rehear the matter? I had false DHS information accusations, and one son is hostile towards me. Would it be wise to rehear this or just modify later? This is my last question. Thanks!
Response: If you really cannot afford the child support that has been agreed on, you need to ask for rehearing now instead of waiting several months later. You do not have anything to lose at this point. The worse that can happen is that the Court may deny your request. Then, you can ask for modification later after trying to make payments.
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