I am a bit concerened that in case the child's mother wants more money in the future our verbal abreement of $500 per month will not hold in court and I may be ordered to pay past child support, is that possible? How do I make sure the $500 per month agreement will be valid in court?
If there is an agreement you shod consider doing this by court order. This will protect both sides. You so u have agreement in writing and her if there's a default
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I agree with the attorney above. In Arizona, she could get retroactive support in the future and the money given to her is considered a gift. It may be different in NY but it's always best to get any agreement in writing. If you can get the agreement through the court, that is absolutely the best option.
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In my experience as Brooklyn Family Law attorney, I know it is tempting to go carry on with a "voluntary" agreement on matters of child support especially if the overall situation is not terribly contentious; however, you are right to be concerned about how this might impact you in the future. Your verbal agreement absolutely will NOT "hold in court" if it is not in line with the CSSA. It is also possible for a written agreement regarding child support to be modified by the court if it is not in line with the CSSA and/or the child's needs are not being met under the terms of the agreement. Of course, it is a lot harder for a party to get the court to change the terms of a written agreement than a verbal one. Your best chance for ensuring your agreement will be enforced by the court is to have it put into writing by an attorney. The attorney who drafts the agreement will be able to advise you of any issues that might affect your agreement so you can work out any problems sooner rather than later, and he or she will also be able to include in the agreement all the relevant language that the courts require to make it enforceable. At that point, you should be able to move forward with some confidence and peace of mind. You can find local attorneys by searching among the profiles here on Avvo. Good luck!
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