Q: Divorced since '04. 17 y.o. twins. Modification of child support possibly, if I agree. Support by ex (who has moved to CA and remarried) is supposed to be moved up from $1200/mo. to $1700/mo. as per agmt drawn up 10/09 and I am supposed to give ex half of apt where children and I reside. He is self-employed , I am admin asst. Tough times for me with money and increased credit card balances. He offers to let me stay and I let him keep payments at $1200. He credits me (as he has in past) toward sale of apt. It stands I give him $50K as past agmts. He will now allow me a credit of another $12,000 or so. It seems fair, but I struggle day to day. He is in child support enforcement. Can he and I write up agmt ourselves and have it notarized? Is this legal or do I need a lawyer to do?
A: There is particular language you would need included to have the agreement be enforceable. Thus, it is best that you have an attorney do the modification agreement. Moreover, assuming it was incorporated into your divorce judgment, you would also need the judgment modified as well. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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