Legal Question in Family Law in Montana

Family law

If 2 parents agree on a plan for the child including no child support can they just sign paper work in front of a notary? Or does this need to be approved by a judge


Asked on 1/21/08, 1:22 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Family law

A written and notarized agreement is a good way to eliminate "I never saw it" and "I didn't agree to that." It's also a good way to bring parents back to their original agreement when memories fade and signals get crossed.

But for a parenting agreement to be enforceable, you need to file it with the Court. Call it "Stipulated Parenting Schedule" ('stipulate' meaning that it's uncontested, that the parents agree to it)

Also at the same time file:

- Motion to Adopt Stipulated Parenting Schedule, and an

- Order Adopting Stipulated Parenting Schedule for the Judge's signature.

Some comments regarding waiver of child support:

- Child support is the child's right, not the parent's. Courts are reluctant to waive the child's right to support unless the parents can show a supportable reason for the waiver.

- Also, consider that today's circumstances that allow you the financial ability to waive support might change tomorrow.

And consider the law version of "A stitch in time saves nine." Often a dollar of lawyer fee in time saves a hundred dollars later.

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Answered on 1/21/08, 12:22 pm


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