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Is this signed, notarized written Child Support Agreement Enforceable in Virginia?

I had this notarized and signed by my ex Boyfriend, (we were never married) I am not adding the personal info but if possible can you guys give me your opinions? She is 12 years old and he has never paid a penny for her... I got him to sign this, what is my next step? I, (her fathers name), SOCIAL SECURITY NUMBER; 000-00-0000, DATE OF BIRTH; (jan.1, 1900) ACCEPT PATERNITY FOR MY DAUGHTER (daughters name) BORN ON (jan.1 1918). I AGREE TO PAY TO HER MOTHER (my name) OR HER LEGAL GUARDIAN IF ONE IS SO APPOINTED AT ANYTIME DURING THE FUTURE, A SUM OF ONE THOUSAND DOLLARS ($1000.00) MONTHLY. PAID ON OR BEFORE THE FIRST OF EVERY MONTH BEGINNING ON JUNE 1ST 2011 AND UNTIL MY DAUGHTER’S 21ST BIRTHDAY. A LATE PAYMENT OF 25% WILL APPLY AND ACCRUE ON THE MONTHLY AMOUNT IF PAID AFTER THE 5TH OF EVERY MONTH. I ALSO AGREE TO NAME (daughters name), A BENEFICIARY IN PART ALONG WITH MY OTHER AIRES IN EQUAL SUMS OF MY ESTATE IN THE CASE OF MY DEATH. I WILL ALSO PROVIDE FULL HEALTH INSURANCE AS WELL AS DENTAL COVERAGE FROM A COMPANY OF HER MOTHERS CHOOSING, FOR HER UNTIL HER 21ST BIRTHDAY AND BE FINANCIALLY RESPONSIBLE FOR ANY AND ALL INSURANCE PREMIUMS, DEDUCTABLES, PERSCRIPTIONS, CO-PAYMENTS AND ANY AND ALL RELATED COSTS PERTAINING TO HEALTH AND DENTAL INSURANCE. I WILL PAY THESE COSTS DIRECTLY OR IN ADDITION TO THE MONTHLY SUPPORT I WILL PAY AN ADDITIONAL SIX HUNDRED DOLLARS ($600.00) TOWARDS THE HEALTH AND DENTAL TO HER MOTHER TO BE USED FOR HEALTH AND DENTAL COMMENCING NOT MORE THAN 30 DAYS AFTER THE DATE OF THIS CONTRACT ORDER. I WILL ALSO PAY $500.00 TOWARDS SCHOOL CLOTHES AND SUPPLIES FOR EACH AND EVERY YEAR THAT MY DAUGHTER IS A STUDENT, PAID ON OR BEFORE THE WEEK BEFORE SCHOOL STARTS. I WILL PAY HALF OF TUITION COSTS, ROOM AND BOARD AS WELL AS SUPPLIES IF MY DAUGHTER ENTERS INTO ANY COLLEGE UNTIL HER 25TH BIRTHDAY. I AGREE TO PAY ANY AND ALL COURT RELATED COSTS FOR HER MOTHER, (my name) OR LEGAL GUARDIAN, PERTAINING TO THIS AGREEMENT IF I BREECH ANY OF THE CONDITIONS SET FORTH ABOVE AT ANY TIME. I ALSO APPOINT AND INSTRUCT MY LEGAL REPRESENTATIVE TO ENFORCE AND COMPLETE THIS AGREEMENT IN THE EVENT OF MY DEATH OR IF AT ANY TIME I AM NOT CAPACITATED TO DO SO. (daughters current name, my last name at the time) WILL CHANGE HER LEGAL NAME TO; (daughters first name with his last name) WITHIN ONE YEAR OF THIS CONTRACT. ______________________________________________ ___________________ fathers name and address DATE _________________________________________________________________ my name and address DATE I ATTEST THE ABOVE INDIVIDUALS PERSONALLY APPEARED BEFORE ME AND IN THEIR OWN HAND SIGNED THIS CONTRACT. NOTARY SEAL; I had this notarized in Virginia where we both reside. I should mention that he makes $76000.00 a year, plus his new wifes income, which has nothing to do with it I know, they also share two children...

Public Comments

  1. It sounds good on paper but one of the many the problem is that it is he does not pay as agreed you would need to go to court to sue him for damages. with this you would probably win but it is a civil matter. you would need to hire a lawyer to help you get the money. If by some chance he lost his job and went bankrupt your agreement would become null and void. Another problem with your letter is that all it is a letter that he signed, It is not a valid contract because there is no benefit to him, he gets nothing out of this. If he moved out of state it would be up to you to track him down and once again you would need a lawyer to make him pay. The courts would not involved for non payment, execpt when you sue him. so I don't think it is enforceable. I went to law school for one year and I can see many loopholes, just think what a real lawyer could to tear this apart. You would be better off going to court and getting a court approved custody agreement that includes child support.
  2. If he is ready to pay $1,000 per month, take this to a family law attorney to verify. If it all checks out, then you should pay the lawyer a fee for reviewing the document and you're all set. If it doesn't pass the legal test, you hire the lawyer and set up a child support hearing. I have a feeling he looked into this and found out he might have to pay more. It should have been split up into sections and done more professionally.
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