Question:
My divorce was finalized in 1994 (I am a father of two). In January of 2002 my oldest daughter started living with me full time. I stopped paying support for her. In Feb of 2003 I drew up an agreement between myself and my ex-wife stating that I had full legal custody of both my daughters. Also included in the agreement, there would be no payment of child support by either party, visitation would be determined between both parties mutually, and medical would still be split 50-50 (as per original decree). My ex-wife signed this document and we had it notorized. Papers were never filed with the court. I have also continued to pay her court ordered child support for one child to appease her and carry both girls medical insurance 100%. The problem now is she is unwilling to support the girls at all. She will not pay 1/2 the medical(she owes approx $500), will not pay for school (supplies, college credit classes, lunches, especially anything having to do with the 17 year old included participating in any college for next year. We basically split time with the girls 50-50. Is it too late to file these papers and adhere to them? What is my recourse when it comes to her and can I stop paying support if this document hasn't been filed? My income has increased since our divorce and I am afraid she could get a considerable increase if these documents don't hold up with the court system. Thanks
Answer:
Generally if you have a document that had not been signed by the court or filed with the court, it is not an enforceable agreement. Rather it is evidence of an agreement. I can not guarantee that the court will deem your agreement enforceable. You are still putting yourself at risk because under the court order you are technically obligated to pay child support and you may be in trouble for the arrearage that you "owe" under the original agreement. My best advice is for you file the document with the court along with a Motion to Modify in which you request for a permanent modification under those terms and to enforce the components of the agreement that are from the original Decree.
