Remember also: in the law firm, you can wear almost anything you like. Not in the judge`s courtroom. We don`t say white tie and tails, but you have to show respect (for the judge, the state and the mother of your children). When they look at the emotional aspects of marital discord and the ensuing divorce experience, they sometimes forget to receive recordings of conversations that have taken place. When the children are involved, they have been excluded from the discussion and are not included in the ins and outs of a verbal agreement that is reached, so that no witness apart from the two spouses in the discussion. The government calculates, on the basis of income information, the amount of family allowances to be paid. As a general rule, the SSC can only decide on custody of the children in simple cases where the table amount applies. It can only be used for certain special or exceptional expenses. And it doesn`t allow for retroactive child care.
A court-based alternative (or “step up”) of a child custody contract would be an approval decision. A consent order is actually a method by which you can submit your custody and/or assistance agreement to the court, which can be applied by the court if one of the parents does not. This may be a better option than child care, because you give the court the power to enforce the agreement from the beginning, instead of relying on the other party to sue the other party in a separate action if they do not cooperate. The flip side of an approval decision is that amending the agreement requires a return to the courthouse and the approval of a judge. The decision to approve or enter into an agreement must be discussed with a lawyer. In the end, whether you do it in order of approval or by custody contract, one thing is absolutely certain – write it down! In court proceedings where the well-being of children and families is at stake, the justice system works by documenting all conversations and payments in “black and white”. Scott Trout, managing partner and CEO of Cordell-Cordell, spoke in the man divorce podcast about how a former client had entered into a verbal agreement with his ex-spouse, a lower amount than indicated by the executive order, and had written evidence of the verbal agreement. Walsh`s ex-wife claims he owes $117,000 for child care and interest. The U.S. congressman from Illinois said he and his ex had entered into an oral custody agreement that they had never formalized because they were “both tired of legal representations and the emotional and financial consequences for the family,” according to court documents. In the end, whether you do it in order of approval or by custody contract, one thing is absolutely certain – write it down! If it sounds harsh, if you feel like you`re stuck between the law and the mother of your children, you have a remedy. Take everything in writing.
Legally. It`s true. Formally. Protect your interests and protect your children. You`re right that it`s better to be safe and make a deal with my ex-husband for custody of our child. I think it is useful to hire a lawyer so that we can legally return everything we agree. In this way, we can hold ourselves to account if one of us does not take care of our child. Oral agreements are particularly dangerous in this regard. Parties to a custody order are not encouraged to agree orally on changes to child custody. Even in the context of a verbal agreement, the beneficiary (the person receiving the family allowances) has the right to apply the existing court order and can do so through a petition requesting that the payer be detained in defiance of the court and pay interest for any underpayment.