Can a notarized Letter be used to amend a divorce Agreement regarding visitation ?

Business 2 views 2 answers
In my divorce agreement My ex husband gets my son 2 days out of the week every other week and on the other weeks he only gets him 1 day .... He wants to write a notarized letter stating that i will give him that extra day on the week he only gets him once .... I am being forced to do this or he holds back some monies he owes me .. Is this admissible in court

Attorney Answers

2
David Bradley DohnerCriminal Defense AttorneyHallandale Beach, FL ·
First of all, you need to be absolutely clear about one thing: custody/visitation and the payment of child support and/or alimony are two entirely different things; they are not inter-related in any way, shape or form; and it will be viewed as a serious matter if ANY family court judge in the State of Florida becomes aware that you are being coerced into signing this document as a consequence of the threat that monies of this sort will be withheld from you if you do not sign the document your ex-husband is demanding. Now, you did not specify that the monies to which you have made reference are either child support or alimony payments, but I have to assume logically that one or both is that to which you are making reference. Under Florida law, it is illegal, unfortunately, for one party to record a telephonic communication between two parties unless the other party has been made aware prior to the taping beginning that such a recording is thereafter going to be undertaken. However, it is not a violation of the law to place your ex-husband on speakerphone and have a third party present, who can verify recognition of his voice and state under oath that the threat to which you have made reference was repeated with a witness unbeknowst to him listening in. This would eliminate the he said/she said problem that often proves problematic in matters such as dissolution of marriage and the ancillary custody battles; future modification disputes; etc. Next very clear issue: in consideration of the fact that the two of you are in fact divorced and not midway through the process at some point which is difficult to define, simply read your paperwork and I am sure that you will see language noted somewhere very easy to locate that says that only the court can modify the agreement, and that even if both parties agree that the Final Judgment should be modified, it is not modified until a Motion to Modify and an Order granting the Motion have been have been filed; noticed for hearing; heard on the merits; and secured if the motion was meritorious and accordingly granted. Until that time, however, other documents to the contrary, the Final Judgment and nothing more (unless it is referenced in the Final Judgment dictate everything that governs the agreement controlling ALL of these matters. Therefore, take a breath; see if you can get him to agree to speak with you; and have a credible friend within earshot, who recognizes his voice without question when you ask him something along the lines of: "how do I know that if I do what you are asking, you won't simply withhold the money anyway?" Good luck and all the best, David B. Dohner, Esq.
0 upvotes
Joseph Cairns ·
If you write the letter, he can certainly ask the court to consider the document as evidence that you agreed to this schedule. However, you should consult an attorney about this change and the tactics that your husband has taken to have you execute this document if you have in fact done so already.
0 upvotes

People Also Asked