Does This Hurt My Chance Of Keeping Custody

[casa]

No.
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=CA#9

Great resource Silver!

 

[Silverplum]

Great resource Silver!

I didn't invent it!

But it's a great site, not least because a user can change the last two characters to whichever state abbreviation they wish, with info available for all 50 states.

 

[my bear]

Actually, in THIS case I believe there is a good chance he will be ordered to pay what he STOPPED paying for only the duration he stopped paying it. ie; No Court Order, BUT she can get back support for what she can demonstrate he AGREED to pay & DID NOT.

In other words? The notarized paper, while legally enforceable, IS going to be considered evidence of his agreement to pay that amount as and for support of the child.

I've seen that happen tons of times. That's about the only good thing those notarized agreements are good for, documentation/evidence of the person's stipulation/intent/agreement outside a Court Order.

I do intend to use our signed and notarized agreements as evidence in my filing because it is what I am asking the court to order as the custody and visitation schedule. Furthermore, I intend to offer into evidence e-mails (we do the majority of our communicating via e-mail) that show where he and I both agreed to abide by the current agreements until a court order was issued.

Initailly upon finding out that our agreements were worthless, we agreed to stipulate to them and file them with the court for approval. However, my ex spoke with an attorney who informed him that the judge would not sign off on the child support agreement because it is far below guideline support. After that, my ex changed his tune and decided that he wanted half physical custody and would quit paying support until there was a court order. I have all of this information in e-mail communications between us (complete with delivery confirmations and read receipts).

 

[casa]

I do intend to use our signed and notarized agreements as evidence in my filing because it is what I am asking the court to order as the custody and visitation schedule. Furthermore, I intend to offer into evidence e-mails (we do the majority of our communicating via e-mail) that show where he and I both agreed to abide by the current agreements until a court order was issued.

Initailly upon finding out that our agreements were worthless, we agreed to stipulate to them and file them with the court for approval. However, my ex spoke with an attorney who informed him that the judge would not sign off on the child support agreement because it is far below guideline support. After that, my ex changed his tune and decided that he wanted half physical custody and would quit paying support until there was a court order. I have all of this information in e-mail communications between us (complete with delivery confirmations and read receipts).

Just make sure EVER PIECE of paper you want the Judge to consider is FILED and SERVED upon the other party (at least 3-5 business days)PRIOR to your hearing.

Then, either the Judge will rule or order you to Mediation. If you go to Mediation the Mediator will consider the same documentation/evidence & be less than pleased at Dad's antics.

 

[my bear]

I do intend to use our signed and notarized agreements as evidence in my filing because it is what I am asking the court to order as the custody and visitation schedule. Furthermore, I intend to offer into evidence e-mails (we do the majority of our communicating via e-mail) that show where he and I both agreed to abide by the current agreements until a court order was issued.

Initailly upon finding out that our agreements were worthless, we agreed to stipulate to them and file them with the court for approval. However, my ex spoke with an attorney who informed him that the judge would not sign off on the child support agreement because it is far below guideline support. After that, my ex changed his tune and decided that he wanted half physical custody and would quit paying support until there was a court order. I have all of this information in e-mail communications between us (complete with delivery confirmations and read receipts).

Need to clarify something - I did not mean to use the word quit paying child support as he did that quite a while ago. I am not sure how to phrase it, but basically my intent was to say that he would no longer pay child support until there was a court order. And although that does not strike me as correct wording either, I suppose it will have to do. Basically the long and short of it is, is that he has paid a total of $5,000.00 in support over our daughter five year lifetime.

 

[casa]

Need to clarify something - I did not mean to use the word quit paying child support as he did that quite a while ago. I am not sure how to phrase it, but basically my intent was to say that he would no longer pay child support until there was a court order. And although that does not strike me as correct wording either, I suppose it will have to do. Basically the long and short of it is, is that he has paid a total of $5,000.00 in support over our daughter five year lifetime.

All you have a chance of getting is the amount of money per mo. that he agreed to in the document...for the time period covering the document's signing & the court date.

So, what did he agree to pay? And how long has it been since he quit paying? That would be the amount (or % thereof) that you would recieve IF the Judge grants your request.

 

[my bear]

All you have a chance of getting is the amount of money per mo. that he agreed to in the document...for the time period covering the document's signing & the court date.

So, what did he agree to pay? And how long has it been since he quit paying? That would be the amount (or % thereof) that you would recieve IF the Judge grants your request.

He agreed to pay half of daycare each month in our agreement which is $561.02, plus half of all unreimbursed medical and dental expenses for our daughter from the time we signed the agreement. The current outstanding balance is over $5,000.00 for all childcare and unreimbursed medical bills. He has not paid anything in over three and a half months. Had I been smart and gone forward with my intial child custody and support case, DCSS had asked the court to award me $1,500.00 a month plus half of all unreimbursed medical and dental expenses.

 

[casa]

He agreed to pay half of daycare each month in our agreement which is $561.02, plus half of all unreimbursed medical and dental expenses for our daughter from the time we signed the agreement. The current outstanding balance is over $5,000.00 for all childcare and unreimbursed medical bills. He has not paid anything in over three and a half months. Had I been smart and gone forward with my intial child custody and support case, DCSS had asked the court to award me $1,500.00 a month plus half of all unreimbursed medical and dental expenses.

Make sure you file daycare receipts & medical bills if you want reimbursement for those.