My ex is asking that I come to an out of court child support agreement?
He lives in South Carolina and I live in Nevada. He says his concern is that if I file through the courts he will be expected to come to NV for proceedings and would risk loosing his job doing so. He is suggesting we write up an agreement both of us are satisfied with and both of us have a signed copy of. What if he doesn't comply? Will the document stand up in family court? Also, should it include a clause to be renegotiated ever so often? How often? Confused...
Asked By: Nicole - 12/8/2010
Best Answer - Chosen by Asker
Go to the Self-Help Center in your County (Clark County information provided below) and someone there should be able to help you draft an agreement. Your ex needs to agree to a voluntary wage garnishment, meaning that the payroll company at his job will automatically withhold child support from his paychecks. Have... More
Answered By: irishmom91562 - 12/8/2010
Additional Answers (9)
You can do this, but you still need a lawyer. You need documentation of his income.
Answered By: Marie - 12/8/2010
he sign it and get it notarized then you sign it and get it notarized then you file it with the court. you have to pay a filing fee for a child support agreement and the court reviews it and generally approves it since both parties agree to it
Answered By: Sheniquah Loves Facebook - 12/8/2010
He doesn't necessarily have to show up for court he can appear via phone. My ex and me got divorced through WI courts and I still was in NJ just appeared via phone so I know it can happen. I would settle it through the courts since he can BS you but if you can trust him to do what you agree to then maybe out of court... More
Answered By: Shortie - 12/8/2010
You should comply. If he fails to follow the rules, then you go to court.
Answered By: AL B Here - 12/8/2010
Nicole don't be naive that crap hardly ever works, when he decides not to pay who is going to enforce it? I know so many people that have court ordered support and that ordered parent has to be threatened with jail time and driver license suspension before they will comply. The only thing recognized by law is a order... More
Answered By: blackpearl - 12/8/2010
Child support is necessary and his income will define how much you get in child support payments. You can always adjust what is needed regardless how much the court awards you. It's your power to see that he pays you and supports his child. There is no easy way out of support and besides he should want to pay what... More
Answered By: Al Rozz - 12/8/2010
Out of court agreements are perfectly legal and many unmarried couples do this. However, get a lawyer to draw up the agreement. S/he can better advise you on how to proceed. Once you have an agreement, then you file it with the court. They review it and approve/disapprove.
Answered By: Doodlestuff - 12/8/2010
You need to have an attorney either draw the document up or at least look at it before signing a thing. For one thing, did he leave and go to SC or did you leave and go to NV. because the laws may be different in each state. The support should be paid through the Friend of the Court so that if he doesn't comply, they... More
Answered By: Al B - 12/8/2010
Nevada does not have long arm jurisdiction over him, so you have to file in South Carolina. I teach fathers about their rights.
Answered By: George McCasland - 12/10/2010
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