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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-10-2015, 12:19 PM
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Default Form 26B Required?

Once a separation agreement is signed by both parties and lawyers (witnesses) does one person have to fill out form 26B: Affidavit for filing domestic contract and take an original copy of the agreement to the court house to make it official?

Is this step really required? If support is being paid in the agreement, why would someone care to file the agreement with the court?

Does FRO require the agreement to be filed with the court to enforce if support stops being paid voluntarily by cheque and needs enforcement?
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Old 07-16-2015, 10:59 PM
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FRO needs the Separation Agreement...not clear if it needs to be filed? They need to see the original order...amount, when to start payment ect. Without this there can be no garnishment of pay. I don't remember filing out a Form 26B but I was represented at the time so it's possible that my lawyer did it...but I dont think so.
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Old 07-17-2015, 01:39 PM
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a signed separation agreement is not an order by the court unless it is filed.

Does FRO need the agreement to be an order in order to enforce it?
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Old 07-18-2015, 12:13 AM
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Yes,that is my understanding after reading FROs website . File the Agreement with the court and then send the agreement and registration to FRO. If you are seeking to change a child support term in your Agreement that has NOT already been filed...it would appear that is when you must file with a Form 26b and then proceed with Motion to change. I would check out the above with FLIC or a lawyer though...as this is only my understanding.
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