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Notarized agreement

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Calahan1975

Junior Member
What is the name of your state (only U.S. law)? TEXAS
I filed for divorce 4 months ago and the judge awared her child support of 1500 a month and the house untill the divorce is over.
However I got her to sign a notarized agreement lowering the child support down to 650 a month, and that I would get to keep the house. (since she cannot afford the house anyway) Now she is filing for a continuance and discovery, trying to find more ways to get to me I suppose. (at the advice of her lawyar of course, and she has expressed to her friends that he is trying to get the document over turned)

But being that we did agree at one time, and had it notarized, will that contract be binding in court? Will it hold up, and should it? Is there any cases that are out there that I can read or be pointed to that will show a simliar outcome in my favor?
The contract clearly states that no promises of marriage or staying together is apart of this contract that we both understand the premise of what was written...
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? TEXAS
I filed for divorce 4 months ago and the judge awared her child support of 1500 a month and the house untill the divorce is over.
However I got her to sign a notarized agreement lowering the child support down to 650 a month, and that I would get to keep the house. (since she cannot afford the house anyway) Now she is filing for a continuance and discovery, trying to find more ways to get to me I suppose. (at the advice of her lawyar of course, and she has expressed to her friends that he is trying to get the document over turned)

But being that we did agree at one time, and had it notarized, will that contract be binding in court? Will it hold up, and should it? Is there any cases that are out there that I can read or be pointed to that will show a simliar outcome in my favor?
The contract clearly states that no promises of marriage or staying together is apart of this contract that we both understand the premise of what was written...
No. All it is, is a notarized agreement that you did not file with the court. It's not a court order. You must pay whatever the court order states.
 

Calahan1975

Junior Member
I aplogize for not correctly stating my question. I understand I still need to pay what the courts have ordered me to, however when we go to the judge for the final hearing, and he is presented with these notarized papers that she at one time agreed too, and has since changed her mind.. Is the judge likely to hold her to what she signed an agreed to?
She is a college graduate, and is by no means an illiterate, she knew what she was signing when she was in a good mood..
The child support and custody was worded to where we would both get 50/50 vistitation and I would still pay her 650 a month.
She wants to change it now because she got mad at me, and simply wants more money, and not let me have my 50/50 custody that we both agreed on at one time..
Do I have a leg to stand on? I know its all up to the Judge, but surely this happens a lot...
 

mistoffolees

Senior Member
I aplogize for not correctly stating my question. I understand I still need to pay what the courts have ordered me to, however when we go to the judge for the final hearing, and he is presented with these notarized papers that she at one time agreed too, and has since changed her mind.. Is the judge likely to hold her to what she signed an agreed to?
As you were told, the court will not enforce any agreement you reached between yourselves. That agreement (notarized or not) might as well not exist.

The only thing the court will enforce in most cases is the court order.

Now, it MIGHT prevent you from getting a contempt charge - as long as you make up the difference quickly, but even that isn't guaranteed.
 

cbg

I'm a Northern Girl
The fact that the agreement is notarized has nothing whatsoever to do with whether an agreement is enforceable or not. Notarization confirms that the people signing the agreement are in fact the people they purport to be. The judge doesn't care whether you have an agreement, regardless of whether it is notarized or not. The agreement is not binding until or unless the judge says it is.
 
question

The fact that the agreement is notarized has nothing whatsoever to do with whether an agreement is enforceable or not. Notarization confirms that the people signing the agreement are in fact the people they purport to be. The judge doesn't care whether you have an agreement, regardless of whether it is notarized or not. The agreement is not binding until or unless the judge says it is.
so even when the document says " sworn to under oathe befor notary such in such at said county" it still dont mean nothing?????

or if it was stamped by clerk of court it means something?
 

cbg

I'm a Northern Girl
It means that the notary confirmed the identity of the signatories. A notary's seal does not automatically make the document itself legally binding.

P.S. I was a notary for six years.
 

mistoffolees

Senior Member
so even when the document says " sworn to under oathe befor notary such in such at said county" it still dont mean nothing?????

or if it was stamped by clerk of court it means something?
Saladspinner - please stick to messing up your own situation. Others don't need your bad advice.
 
Saladspinner - please stick to messing up your own situation. Others don't need your bad advice.
please dont try to mislead the OP as I gave no advice I asked question....nothing misleading very assertive and plain....a question

as ive seen alot of notarized documents that say the contents and facts herin are true ect ect, not just you are who you say you are...!!!!!

so dont put typed words in my mouth**************..

you are skewing the subject**************and I object.....;)
 

mistoffolees

Senior Member
please dont try to mislead the OP as I gave no advice I asked question....nothing misleading very assertive and plain....a question

as ive seen alot of notarized documents that say the contents and facts herin are true ect ect, not just you are who you say you are...!!!!!

so dont put typed words in my mouth**************..

you are skewing the subject**************and I object.....;)
Look, OP's question was correctly answered. Your question added absolutely nothing but confusion.

You are clearly not in a position to be contributing to this forum. Keep quiet and read. You might actually learn something.
 

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