Can I change my child support arangement with a notarized document? 4 Answers as of March 21, 2011

I want to pre-pay my child support for the next 16 months. In order to qualify for a house, do I need to have this recorded at the courts? Will a notarized letter signed by my ex be enough?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
This is a dangerous thing to attempt. If you do it wrong you may be out 16 months of support money and still owe her monthly. Get a lawyer to help you and be careful.
Answer Applies to: California
Replied: 3/21/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Child support is ordered and made payable monthly to enable the payee to meet monthly costs of living and to avoid the risk that the payee will be a spendthrift and spend all the money that she receives all at once. Notarizing a documentonly creates proof that the person whose signature is acknowledged was the person who signed the document. If you enter into a written agreement (notarized or not) that you can prepay child support, and you make the prepayment, there is a risk that the payee may run out of money and file to enforce your monthly payment obligation. You would not file the agreement with the Court, but you could prepare a Stipulation and Order setting forth the terms of your agreement, signed by each of you, and submit it to the Court for the Judge's signature, to determine whether the Court would bless your agreement by signing the order. If the Judge signs the order, it may provide you protection, but if the Court rejects and doesn't sign the order, you will be at risk if you prepay your child support. If you are proposing the prepayment agreement for the purpose of deceiving the lender on your house into thinking that you don't have a child support obligation, you could createproblems for yourself. Fraud is prosecutable in the criminal courts, and fraud could result in your loan being called by the lender if it determines that it has been defrauded.
Answer Applies to: California
Replied: 3/18/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You cannot legally pre-pay child support, as it is modifiable at any time based upon a change of circumstances. Regardless of whether or not it is notarized, it is likely not enforceable. Family law orders are not recordable documents.
Answer Applies to: California
Replied: 3/18/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
In order for any agreement to be legal and honored by the courts it has to be done in the courts and filed. A notarized statement says the person who signed is indeed that person. Did you check with the lender if child support payments would be the deciding factor on you borrowing money for a house? The loan officer might be paying support payments to his or her ex.
Answer Applies to: California
Replied: 3/18/2011
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