Legal Question in Family Law in Michigan
If there is a signed and notarized paper stating the mother would return child support back to the father and if she doesn't the child support payment would be changed along with the father getting joint custody, what are the chances the court will agree? It is written that it will remain in effect until the child is 18. The child support (court ordered) is null and void if the child support is not paid by so many days and the mother would then split custody with the father to joint physical custody and the payment of child support will be cancelled. This agreement was kept for approximately 6 months. I, the father have requested more time with our child and she hasn't agreed to it. It has been one year the father still paying the child support and her not giving it back. This was her idea. I didn't ask for it. She typed up the agreement. We went together to have it notarized. I want to know if I have any chance in getting the joint physical custody with this notarized agreement being broken.
1 Answer from Attorneys
I need more information to give you a complete answer. However, each court will handle an "agreement" that is notorized by each parent differently. See the link below for oakland county under the heading ("entering an agreement"). You should know that a court speaks through it's orders and that is how these so called agreements are enforceable. Moreover, courts will analyze all custody issues by asking the legal question: is this in the best interest of the child? Feel free to contact my alternate (after hours) phone number to discuss this matter further if you wish. I need more information.
http://www.oakgov.com/courts/foc/Documents/forms1/ptguidelines.pdf
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