Q: My boyfriend and i have a baby together and we live together. We have a written agreement signed by the both of us of how much he is to contribute to supporting his baby each month. His ex just placed a petition for child support for his oldest child since she feels he should be giving her more money. Since he lives with me and our baby and we have a written agreement of how much he is supposed to contribute to our child, can he use that as proof of the fact that he is currently supporting another child so that they take out less for child support when he goes to court. Or will the fact that it isnt a court ordered document mean that it wont be permissible in court? I know that the court papers says he needs to provide proof if he is supporting other children along with his paystubs, etc. Since we live together we didnt go to court for a court ordered document, we just have a written agreement between the two of us.
A: Merely have a “written agreement” between the two of you doesn’t qualify for the credit. The agreement must be a validly-drawn agreement, which usually means it’s a separation agreement or agreement sufficient for submission to the Family Court under FCA 425. Moreover, it needed to have been executed prior to the filing date of the other mother’s petition. Call a Bronx Child Support attorney to schedule a consult for a full assessment.