QUESTION

Is it necessary to pay an attorney to create a contractual agreement between 2 people in order for it to be legally binding?

Asked on Aug 15th, 2012 on Child Support - Indiana
More details to this question:
My ex-husband an I have 3 children together, 2 live with me, 1 with him. Our 13 year old son who lives with him wants to live with me now. Knowing his father would not agree to this, and not having the money or time to go through the court system and pay an attorney,I made him an offer (yes his father has full custody of him), I told him I would agree to erase the $12,000 in arrears he owes me if he would let our son come home. Can we just draw up a written agreement on our own or is it necessary to hire an attorney?
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1 ANSWER

Criminal Law Attorney serving South Bend, IN at Jeffery M. Haupt Attorney at Law
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You don't necessarily need an attorney to draw up the agreement.  I think before you give up $12,000+ in arrearage (which technically isn't allowed under Indiana law) you should at least consult with an attorney.  Many attorneys will offer a consultation for a reduced fee and that way you can at least understand what you are agreeing to.   
Answered on Aug 16th, 2012 at 5:50 PM

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