Legal Question in Family Law in Maryland
Children
I drew up a paper today between my husband and I. We are seperated and in the papers It is stated that I have full custody of both children until they reach 18 and he pays 50.00 per child a week. I want to know if this documnet will stand up in court if he decides he wants the children.
3 Answers from Attorneys
Re: Children
No, it is not enforceable for custody. You would need to file a custody case and obtain a court order incorporating the agreement.
Re: Children
Although the agreement itself is not enforceable as to matters as agreed between you and your husband, you should consider moving forward with ensuring that your rights are protected.
Your agreement should be reviewed by an attorney and modified where needed. Where all matters are agreed in proper form and content, a filing and hearing in Court will provide you with the ability to enforce the agreement should things change in the future.
Contact me to discuss how I can help you.
Re: Children
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. $50 per child sounds quite low. 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. I have put more than a few deadbeat Dads in jail for contempt of the child support court order.