My ex husband and I have agreed to higher support payments as the after school program for our children in the Greater Boston area has increased so we have drawn up a new agreement which we both signed. Is what we did legally binding or do we need to an attorney to draft something for us?
A Child Support order cannot be modified legally without going to court. You and your ex-husband may agree on higher payments, but if he falls behind, you cannot enforce the written agreement unless it has been entered as a valid Court Order or Judgment. In other words, that signed written agreement is not worth the paper it’s printed on unless a Judge approves it! While you can go to court yourself (you will need to file the Agreement at the Clerk’s office, file a written Complaint For Modification or Motion For Further Temporary Orders, obtain a hearing date, and both attend that hearing), I recommend retaining an experienced Family Law attorney. This is a routine proceeding for those of use experienced in this type of law, will not require an expensive legal fee, and the documents will legally sufficient to enforce the new agreement between you and him. Please call my office. I’ll be happy to speak with you about your situation and if you wish schedule a free in-person consultation.
Boston South Shore Divorce and Child Support Lawyer Bruce Watson represents individuals and divorcing couples from the Boston South Shore towns including Dedham, Milton, Quincy, Braintree, Weymouth, Canton and Randolph.