Is this as strong as a judges order?

[Lele316]

What is the name of your state (only U.S. law)? FL

Me and my 4yr old daughters father whom I am still married to are seperated. He lives in NY, I reside in FL. We came to an agreement as far as visitation and custody are concerned(we already have a child support order out of NY state). I have been told by friends that in FL when parents are in agreement they can type up there own agreement and then file it with the court and it is the same as going to court without all the hassel...is this true? Before I do this I want to make sure it is just as good as a court order, for instance if he refuses to return her I can use that paperwork to get her back for example.

 

[sandyclaus]

What is the name of your state (only U.S. law)? FL

Me and my 4yr old daughters father whom I am still married to are seperated. He lives in NY, I reside in FL. We came to an agreement as far as visitation and custody are concerned(we already have a child support order out of NY state). I have been told by friends that in FL when parents are in agreement they can type up there own agreement and then file it with the court and it is the same as going to court without all the hassel...is this true? Before I do this I want to make sure it is just as good as a court order, for instance if he refuses to return her I can use that paperwork to get her back for example.

In most jurisdictions, yes, the two parties can work out their own custody/visitation agreement. In order to make sure that you have all your bases covered, I would recommend that you have the agreement drawn up by a family law attorney, who can also file the order with the court in order to have it legally enforceable.

 

[Lele316]

Would you happen to know if it is as enforceable with an attorney filing it. I am going to have a lawyer look it over just to make sure both me and him are covered, but the fee for them to just to file something seems a lil wasteful if I am able to do it myself with the same results. I will pay it if it is better but just figure maybe I could save myself that money.

 

[Proserpina]

Would you happen to know if it is as enforceable with an attorney filing it. I am going to have a lawyer look it over just to make sure both me and him are covered, but the fee for them to just to file something seems a lil wasteful if I am able to do it myself with the same results. I will pay it if it is better but just figure maybe I could save myself that money.

It doesn't matter who files it; what matters is the judge signing off on it. Once a stipulated agreement is signed, it becomes an enforceable order.

Make more sense?

 

[Lele316]

Yes it does thank you very much to both of you

 

[latigo]

What is the name of your state (only U.S. law)? FL

Me and my 4yr old daughters father whom I am still married to are seperated. He lives in NY, I reside in FL. We came to an agreement as far as visitation and custody are concerned(we already have a child support order out of NY state). I have been told by friends that in FL when parents are in agreement they can type up there own agreement and then file it with the court and it is the same as going to court without all the hassel...is this true? Before I do this I want to make sure it is just as good as a court order, for instance if he refuses to return her I can use that paperwork to get her back for example.

Wow! You have received much misleading "advice".

So please take it with a healthy dose of sodium chloride. Because such an agreement between parents would not be as “strong” as a judge’s order! In fact it would be utterly useless and only enforceable were it to be incorporated into the terms of a court order!

In order to accomplish your purpose in the state Florida – where you must proceed because of it being the state where the child or children are physically present - and you foolishly opt not to seek a divorce at the time - the presentation of such a stipulated agreement would need to follow and/or accompany the filing with a Circuit Court of that state of document similarly entitled as:

“PETITION FOR CHILD SUPPORT, ETC., UNCONECTED WITH DISSOLUTON OF MARRIAGE UNDER SECTION 61.09 OF THE FLORIDA STATUTES”.

Then, if the court approves the stipulation it could issue a document called:

“FINAL JUDGMENT FOR SUPPORT (ETC.) UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)”

SO, in spite of what you were previously told, the only terms of the proposed agreement between you and your husband that would be of legal significance would be those terms contained in such a final judgment.

IN OTHER WORDS, do not be misled to believe that all that needed is to visit the courthouse and hand the clerk a signed parenting agreement.

And don’t take for granted that the court will "rubber stamp" the agreement. It can and may require a court hearing to receive and evaluate supporting evidence as to its fairness, etc., not just to the parents, but to the children.

It is conceivable, but very, very unlikely, that you could effectively accomplish your purpose without professional assistance.

 

[Proserpina]

Wow! You have received much misleading "advice".

So please take it with a healthy dose of sodium chloride. Because such an agreement between parents would not be as “strong” as a judge’s order! In fact it would be utterly useless and only enforceable were it to be incorporated into the terms of a court order!

In order to accomplish your purpose in the state Florida – where you must proceed because of it being the state where the child or children are physically present - and you foolishly opt not to seek a divorce at the time - the presentation of such a stipulated agreement would need to follow and/or accompany the filing with a Circuit Court of that state of document similarly entitled as:

“PETITION FOR CHILD SUPPORT, ETC., UNCONECTED WITH DISSOLUTON OF MARRIAGE UNDER SECTION 61.09 OF THE FLORIDA STATUTES”.

Then, if the court approves the stipulation it could issue a document called:

“FINAL JUDGMENT FOR SUPPORT (ETC.) UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)”

SO, in spite of what you were previously told, the only terms of the proposed agreement between you and your husband that would be of legal significance would be those terms contained in such a final judgment.

IN OTHER WORDS, do not be misled to believe that all that needed is to visit the courthouse and hand the clerk a signed parenting agreement.

And don’t take for granted that the court will "rubber stamp" the agreement. It can and may require a court hearing to receive and evaluate supporting evidence as to its fairness, etc., not just to the parents, but to the children.

It is conceivable, but very, very unlikely, that you could effectively accomplish your purpose without professional assistance.

Try re-reading, Latty.

 

[wavehopper27]

Since NY has already issued orders (child support), that's where jurisdiction lies and is where any child related court actions must be filed.

 

[Proserpina]

Since NY has already issued orders (child support), that's where jurisdiction lies and is where any child related court actions must be filed.

Custody is a separate issue from child support. It it absolutely possible to have a CS order out of X state, but for Y state to have (and/or keep) jurisdiction over custody matters.

 

[Lele316]

As far as the child support order goes, it was thru NY because that is who had jurisdiction over my daughter at that time.

I have since spoke to an attorney who advised me that i could file the agreement with the courts but it means pretty much diddly squat, in fact in the state of FL it is hard to even go forth with custody/visitation plan without filing for the dissolution of marriage so that is what I am going to have to do.

My reasons for not wanting to originally file for divorce have way more to do with me and him then him and my daughter so whatever I will swallow it so we can proceed and then he will hopefully take advantage of visiting with his daughter and we can all move past this.
My lawyer also advised me it would be in my best interest to transfer the child support order to the state of Fl and that he is underpaying, which I honestly don't know due to the order being 2 yrs old and he has since changed positions at his job and I am unaware of what he is making now. I don't see me getting much more then what NY ordered but I am not a lawyer and don't know the worksheet FL uses .

Thank you again for your guys help!

 

[Proserpina]

As far as the child support order goes, it was thru NY because that is who had jurisdiction over my daughter at that time.

I have since spoke to an attorney who advised me that i could file the agreement with the courts but it means pretty much diddly squat, in fact in the state of FL it is hard to even go forth with custody/visitation plan without filing for the dissolution of marriage so that is what I am going to have to do.

My reasons for not wanting to originally file for divorce have way more to do with me and him then him and my daughter so whatever I will swallow it so we can proceed and then he will hopefully take advantage of visiting with his daughter and we can all move past this.
My lawyer also advised me it would be in my best interest to transfer the child support order to the state of Fl and that he is underpaying, which I honestly don't know due to the order being 2 yrs old and he has since changed positions at his job and I am unaware of what he is making now. I don't see me getting much more then what NY ordered but I am not a lawyer and don't know the worksheet FL uses .

Thank you again for your guys help!

Dad is underpaying according to WHO?

Dad still lives in NY, right?

 

[Lele316]

Dad is underpaying according to the lawyer I spoke with this (well yesterday) morning.
Yes Dad lives in NY
The lawyer stated that there was some new statute that has gone into effect a few months ago. She said basically since he is living with a family of four then the statute recognizes the U.S, census median income for a family of 4 and uses that for the worksheet they use here.
I dont honestly get it because as far as i always understood it they would only look at his income his fiance's has nothing to do with it...but she said with this statute if he is living as a family of 4 then it is assumed he makes the money to take care of a family of 4...thats the best way i understood it

 

[Proserpina]

Dad is underpaying according to the lawyer I spoke with this (well yesterday) morning.
Yes Dad lives in NY
The lawyer stated that there was some new statute that has gone into effect a few months ago. She said basically since he is living with a family of four then the statute recognizes the U.S, census median income for a family of 4 and uses that for the worksheet they use here.
I dont honestly get it because as far as i always understood it they would only look at his income his fiance's has nothing to do with it...but she said with this statute if he is living as a family of 4 then it is assumed he makes the money to take care of a family of 4...thats the best way i understood it

That makes absolutely no sense at all.

Ask this attorney exactly which "new statute" she's talking about.

 

[Lele316]

I am unable to afford her company's $3000 retainer so I dont think I will be speaking to her again but I will try to find out for you

 

[Silverplum]

I am unable to afford her company's $3000 retainer so I dont think I will be speaking to her again but I will try to find out for you

I think the attorney was full of nonsense. This link is from NY CSE, and they state: "The income tables are used to determine the annual child support obligation amount pursuant to the provisions of Chapter 567 of the Laws of 1989."

https://www.childsupport.ny.gov/dcse/child_support_standards.html

Further, that attorney has no idea, till s/he sees the income statements, whether or not Dad is over- or underpaying.