ammending a recorded doc / legal question

Here is the short question: I have a recorded agreement with another party that has been filed with the County Courthouse. Can we write up our own document that amends the original document, notarize it and have it recognized as superceding the original agreement?

Here is the background: The agreement that I want to amend is a divorce stipulation. I really don’t want to get lawyers involved as they tend to want to muck it up and the change is so simple. I want to change the wording in the stipulation from “child support $x for y years” to “maintenance $x for y years”. There are definite tax advantages to me if this wording is changed. My ex will agree to the change as there is no loss to her. If we draw up the ammendment, does it need to be recorded with the courts or not? I need the document to stand up in the event of an IRS audit.

Unless the amendment is signed by a judge, I doubt that it will have any legal effect. The agreement you want to amend was in all liklihood a court order or consent decree signed by the judge in the case of zydecat v. zydecat. You might ask the judge’s clerk whether the judge would sign off on an amendment that you and your ex have agreed to.