Letter

[nbrown2007]

What is the name of your state? Tx

Okay my DH and his X (BM) went to get a letter notarized today. They would not do it because they said the letter did not have the legal terms in it. Below is the letter. What are we missing? She said one of the things is that instead of saying witness signature at the bottom it needs to say notarized by:

any help would be great



Parties that are affected are as follows:

(BM):



Address: ***



Phone: *****

SS# : ******


DH



Address: *****



Phone: *****

SS# : ******

Matter: Child Support of SD

This letter is to revise the child support for SD. Effective July 21, 2006 BM will make child support payments in the amount of $120.00 which will be due on or before the first (1st) of the month to the Texas Attorney Generals office:



TX CSDU

PO Box 659791

San Antonio, Texas 78265-9791

The Following must be on the child support check and letter:



Case ID : *****

Cause # : *****

As of April 1, 2008, BMis in arrrears to DH in the amount of $1,000.00. As of May 1, 2008 , BM will pay $170.00 a month in child support until the back child support is paid in full ($1000.00).

With more than three (3) payments not being made the this letter and the court order that was made March 31, 2008 will default back to BM previous payment of $300.00 a month for child support.

It is agreed that both parties have come to this agreement.

DH Date: ______________________________________________________

Signature: ____________________________________________________________

BM Date: ______________________________________________________

Signature: ____________________________________________________________

Witness Name: ____________________________________________________________ Date: ______________________________________________________



Signature: ____________________________________________________________

 

[CJane]

I find it hard to believe that a notary refused to sign something because it lacked proper wording in the body. They are generally NOT attorneys and they are NOT capable of giving legal advice or verifying the legitimacy of a contract or document.

A notary's SOLE PURPOSE is to determine (and swear to) that the person who is signing the document is the person who is supposed to be signing it.

Yes, it needs to say something along the lines of "The above and foregoing document was signed and sworn before me on ______________."

______________________________________
Notary Signature


(Notary Stamp)

My commission expires: ________________________

******************

As for the actual document? Might want to be a bit more specific. It's not terribly clear whether Mom is to pay $120 or $170 or $290.

IMO, if Mom is to pay $170 w/$50 going towards arrears, then it should say so. For instance:

Mother will pay not less than $170/month in child support. $120 of this amount shall be applied to current support, with the remainder being applied towards the arrears amount until such time as the arrears amount is $0. Upon the date that the arrearage is completely paid, Mother shall pay $120/month in support.