Legal Question in Family Law in Maryland
Child custody
My husband and I are separated and I drew up papers today stating children will remain with me( full custody) and he is to pay 100.00 per week for both children(50.00 each) and he can have visitation. We went to a notary and had this signed- Is this a legal document?
2 Answers from Attorneys
Re: Child custody
It's probably legal, but unless he's unemployed or barely employed, the amount you've agreed to is probably well below the Md child support guidelines. A court would retain the authority to make him pay more if it finds that to be warranted by your respective incomes.
Re: Child custody
No. Until a judge rules or the parties reach an agreement and an order is issued, the document is neither binding nor enforceable. It is always advisable in these circumstances to file for divorce, then come to a settlement agreement that is in the best interest of the children. The Court will determine the amount according to Maryland Child Support Guidelines - strictly a numerical exercise. If he does not pay, the law is quite strict as to enforcement.
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