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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12366
Experience:  JD, MBA
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Hi. My husband has had 50% custody with his ex-wife for the

Customer Question

Hi. My husband has had 50% custody with his ex-wife for the last 7 years. We are moving to Chile for 1 year starting in January 2012. We have talked with his ex-wife , as their children are older now and want to stay here- they are 14, 17 and 19. We have made a verbal agreement that we will pay a designated amount per month while we are gone and that at least the two younger boys will stay with us over their summer vacation. She is saying my husband needs to give 100% custody to her because she needs to be able to make any decisions or sign any papers while he is gone. Can't we just sign a document saying that he givers her the right to make any decisions for his boys while he is in CHile and get that notarized? DO we really have to give her 100% custody?
Submitted: 6 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 6 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Your husband does not have to give her full custody just because he's leaving the country for one year. He can still require his approval for things where his approval would currently be needed. She'd just have to get in touch via email or telephone, etc. Or, he could give her a power of attorney to make any decisions regarding the children while he's away. When he returns, he can rescind the power of attorney.

If I were your husband, I would not give away custody rights.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
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Customer: replied 6 years ago.
Thank you so much. I would like to ask you to answer the othr part of the question- can we also just sign a document stating that we will pay her a specific amount per month or do we have to leagally go to court to have them decide the amount we have to pay? We would rather do it on our own and come to a mutual agreement and just sign something that states we will pay her. Is this sufficient? What type of document is this? Again, we would rather not go to court but resolve things between us.

Also, is there a general amount for child support or is it always determined by each person's salary? thank you so much
Expert:  TJ, Esq. replied 6 years ago.
Hi again.

Your husband and the ex can agree on a specific amount to pay. If an agreement cannot be reached, then they can take the issue to court to have a judge decide. There is no official form for something like this. A simple document stating the terms and signed by the parties is sufficient (it does not need to be notarized, though it certainly wouldn't hurt). The bottom line is simply that there needs to be evidence of an agreement so that if there is later a dispute, that document can be produced in court.

If you let the court decide, the amount will be based on income. There is not a "one-size-fits-all" amount that must be paid. The more money a parent makes, the more child support he must pay.

If you have more follow-up questions, please feel free to ask.