Will a notorized agreement between divorced parents be seriously considered by the judge to modify child custody/support?

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Will a notorized agreement between divorced parents be seriously considered by the judge to modify child custody/support?

Also, in this notorized document mother refuses child support but “father will keep a college account wich he will maintain and provide annual statements” but then he transfered this account to mother’s name. Is this document still valid at all?

Asked on November 26, 2012 under Family Law, Connecticut

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The court's really like it when parent's can reach agreements, as long as those agreements are in the best interest of the children.  However, only the judge has the power to modify his orders.  So... if mom and dad come to an agreement, it is nice that they record that agreement in a notarized document, but it will not suffice to alter the court's orders.  Instead, the parties need to have that agreement converted into an agreed motion and order to modify the current custody orders.  Until there is a new order on file that tells dad he can stop paying child support, he will be liable for any missed payments. 


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