Legal Question in Family Law in Virginia
Changes to Final Divorce Decree
My husband and I were divorced on 13 Sept 2007. We have agreed that we want changes made to the final PSA. He was given one of my retirement accounts, and I will retain that; in return, I will assume 100% responsbility for child expenses currently ordered split per our income ratio of 35%/65%; and I will assume responsibility for the college expenses for our son over and above the Virginia pre-pay we've both purchased. My ex will continue to pay child support through the month my son graduates from high school.
Do any changes that we've agreed upon need to be filed with the Court to be legally binding or can a document be drafted, signed and notorized by the two of us, and then filed with our personal papers and still be a legally recognized document?
Thank you in advance for your assistance with this.
1 Answer from Attorneys
Re: Changes to Final Divorce Decree
Assuming that your original agreement was incorporated in a final decree of divorce, it would be a good idea to sign an amendment to the agreement and submit it to the Court for incorporation in the final decree.
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