Child custody


#1

To make a long story short, my husband and his ex share joint physical and legal custody of his 11 year old. Due to her behavioral issues and other factors, he has agreed to give the mother physical custody and share legal. He will have her every other weekend as opposed to an equal amount of days that he has now. They agreed he wouldn’t pay her child support in the form of handing her money but would provide anything she needed to include clothes, shoes, school expenses, etc. Her mother stated she was told all they had to do was write it up and have it notarized. Then it could be attached to the agreement they now have. I feel like this is too simple and their should be more to it. Am I correct? And also the child is on medicaid until I find a job with benefits and put our children as well as my stepdaughter on my insurance. Can the state not go after him for child support to compensate for what they are paying for her? Her mother put her on medicaid and also receives food stamps. Thanks in advance.


#2

Yes, your husband can contractually obligate himself to pay child support. It really is that simple, but I would always advise having an attorney look over the contract to make sure there aren’t any issues that could arise. If he is looking for a cost-effective way of putting those terms into writing, he should consider using Rosen Online.

It is true that the state could come after him for support due to her receiving public assistance. This usually does not occur if he is providing adequate support, but he should provide health care if possible. If that is not possible, to protect himself from the entry of a court order, he should also make sure that any support he is providing, even if not directly, is documented and equates to the minimum support order that would be ordered under the child support guidelines.