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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I NEED TO WRITE A LETTER OF AGREEMENT FOR CHILD SUPPORT ...

Resolved Question:

I NEED TO WRITE A LETTER OF AGREEMENT FOR CHILD SUPPORT BETWEEN ME AND MY BABY MAMA SAYING HOW MUCH I WILL GIVE HER A MONTH AND WHAT DAYS I SHOULD GET MY CHILD AND BOTH OF US SIGN IT WILL IT MAKE IT A LEGAL DOCUMENT WITH THE COURTS INCASE SHE CHANGES HER MIND LATER AND WHAT DO I NEED TO MAKE SURE I INCLUDE IN THE LETTER
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Unfortunately, there is no written agreement that can be used to waive her rights to later change her mind and file for child support or deny you child custody. The only way to make this legal and enforcible is to get a court order. No law permits a written agreement that is not filed with the court, between two parties to permit waiving future rights to change their mind and petition the court for a child support order or to change their mind about custody.

Although both of you can agree to an arrangement for child support and child custody, that agreement must be filed with the court in order to make it legally binding. If it is not filed with the court, there is no way it can be enforced if one party changes their mind.

So again, there is no way you can make a legally binding agreement without court approval, sorry. Only way to do this, is to petition the court and set your agreement terms in writing and make them part of the order.


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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

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Customer: replied 9 years ago.
so all i have to do is write the letter and both of us sign it then we take it to the courts and it will be set they have to agree with whats in the letter right they can not put their 2 cents in or can they
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

No. A "letter" will not work here. What you need to do is file a petition for child support and a petition for child custody/visitation. Include in that petition the agreement (called a stipulation) where both of you state the terms that you agree in terms of child support payments and child custody/visitation arrangements, file those with the court. So long as both of you agree to the terms for child support and the terms for custody/visitation, the court will approve those terms and enter them as an order. You need the court forms to write down the terms that you both agree.



In general you need to file a motion requesting a continuance of the hearing stating your grounds for the continuance, this is filed with the court and served to the other party and should be done as soon as possible before the hearing takes place. Generally, not one-sided communication is permitted with the judge as this would be unfair to the other party. So you need to contact the court clerk to see if the have the forms to request the continuance and if not, you need to have a motion drafted requesting the continuance. You can get the format on doing this for your particular jurisdiction by contacting your local law library or through an attorney if you have one representing you. It should be done as soon as possible.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.