Legal Question in Family Law in Massachusetts
I have a son that graduates in the spring of 2010 from high school. He his thinking of going to a community college in the fall. My current wife and I are willing to give my ex-wife a one- time payment in lieu of child suport while he attends community college. If my ex and I are both in agreement to the above offer, legally how should such an offer be drawn up? I would like to include the following: 1. that she would agree to terminate current support payments if she took the one-time payment and also that she would not open the case again. 2. financial aid, scholarships, grants, student loans, etc would be her's and my son's sole responsibility. 3. there will be no future financial obligations concerning my son. Is it enough that we come to a mutually acceptable agreement, write it up and have it notarized or does it need to go through the court system?
2 Answers from Attorneys
Any agreements concerning support and custody of unemancipated minors must be approved by the court. Without approval of the Court, an agreement as between you and your ex-wife will probably not offer you the protection you desire. Child support remains a right of the child, not of the custodial parent.
I suppose you would need an modification stipulation with respect to your previous order of child support.
You need to have the agreement approved through the court that ordered the child support.
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