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What's the purpose of a Separation Agreement and ...........

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  #1  
Old 02-28-13, 06:31 AM
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What's the purpose of a Separation Agreement and ...........

What's the purpose of a Separation Agreement and are there certain things in the Separation Agreement that can't be enforced? In our SA, the ex-wife and I agreed on X amount for child support. This agreement was signed, notarized and included in our divorce documents. Fast forward and few months after our divorce decree was signed, then we got a letter from the courts stating we needed to appear to determine and set a temporary child support order.

The judge in the temporary child support case, took our monthly income plus the health insurance I pay for the kids to determine a dollar amount to pay. I was then order to pay $255 more than what we both agreed on in the SA.

When we go to the final hearing for child Support (which is July 19th) can I use our legal signed agreement as an argument as to what my order should be.
 
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Old 02-28-13, 07:20 AM
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Nope...won't matter...not in my experience. The SA was just an agreement between the 2 of you until you went to court. The court uses a formula that they have determined is best for the child. Remember...that's all they are concerned about, that the child is adequately taken care of and that the funds are there to provide that.

W/o knowing details (and there's no need), assuming the child is now..lets say 3. Well, in 2 years, they'll be starting school which will add to the expense (clothes, medical, etc). Say they are older...well..then you may start dealing with additional dental care, extra curricular activities, etc. They just plug the figures in and it spits out a number.

About the only way to get a change is when the situation changes with either you or your Ex. Re-marriage by you doesn't usually change anything as I remember, re-marriage by her may...at least I've seen that with a few friends. Change in employment MAY also affect it as long as it was no fault of yours. Serious illness that affects your ability to pay may also be a factor.

If you re-marry and have a child...then you can ask for a reduction. A friend had that happen and he wound up with 3 kids. Went back each time and it was reduced. His Ex- had also remarried and also had more income...so that was considered. The courts consider the 2 parents as the ones responsible when it comes to child support, but they also want the new arrivals taken care of.

All the court cares about is the child....if you need a 2nd job to afford it, they don't care. Of course it varies from state to state...so it may be different than what I have experience with.

This is all from my knowledge of 3 friends back in VA....never had to deal with it myself. Divorces yes, child support/alimony no.
 
  #3  
Old 02-28-13, 07:28 AM
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I understand what you're saying. What if both parties request for the courts to set child support at X amount (an amount that's not reasonable) would the courts honor the request regardless of the state calculation?
 
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Old 02-28-13, 07:33 AM
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I assume you meant to say "an amount that's not UNreasonable". Well....I really don't know....that would have to be a question for your lawyer...you do have a lawyer don't you? If not (bad idea) then I'd pay for a consult to get the right info.
 
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Old 02-28-13, 08:33 AM
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Every state is different and it really is a good idea to pay someone who knows local statute (a lawyer). In my case, we had no separation agreement and my ex and I mutually agreed upon a child support amount (without the lawyers in the room, actually) and the court agreed to that number, no calculation was performed.
 
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Old 02-28-13, 08:52 AM
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Yes, that's what I meant to say. I (we) don't have lawyer. We filed our own paperwork for the divorce (NC absolute divorce) and child support. I was the plaintiff in the divorce and she was the plaintiff in the child support.

During the divorce process we were very amicable in things we each wanted from the divorce. No argument, do debate, no fussing. I even started paying "child support" long before I was ordered to do so. I felt it was the right thing to do. After the temporary child support hearing, the judge ordered me to pay more than what I was paying prior to the hearing. Who wouldn't enjoy the opportunity to get more money than before?
 
  #7  
Old 02-28-13, 08:57 AM
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Mitch17, that's what I was hoping to hear. I realize each state is different and I have a few months to research before the final hearing date.
 
  #8  
Old 02-28-13, 09:16 AM
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Also, you can hire a lawyer without being represented by one - you hire them as a consultant so you have a sounding board but the ex doesn't feel the need to get one and start escalating things. You show up in court by yourself but you've prepared for the meeting with the attorney to make sure you have all your ducks in a row.
 
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