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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 12-17-2009, 12:54 PM
Foredeck Foredeck is offline
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Default separation agreement wording

Does anyone have an example of the wording for the separation agreement for the CS?

My ex's lawyer doesn't seem to understand that it's the net total of the chart amounts.

Also, for this year, and even next year, I'd like to put it on current paycheques, as she doesn't have a history of steady earnings (she was a stay at home mom).

Same thing for the section 7 expenses. I think we'll just use 70/30 split since I don't think that'll change much. Should I put in examples, or even a calculation of current expenses?
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Old 12-17-2009, 01:06 PM
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littleman littleman is offline
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In my experience both as parent and seeing someone else going through it.....a separation agreement really nothing when it comes to finances....my current bf had separation agreement for joint debt that she was to pay the pymnts but she defaulted and he was stuck with the bill.......if you pay the table amount based on your income tax line 150 from the one you filed in March or April....then nothing can be reverted to when it comes time for divorce
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Old 12-17-2009, 05:18 PM
Mess Mess is offline
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The legal wording is this:
Quote:
Where the spouses have shared custody, the starting point for the calculation of child support under s. 9(a) of the Federal Child Support Guidelines is the straight set-off of table amounts for the number of children subject to shared custody, as set out in the Supreme Court decision in Contino v. Leonelli-Contino.
I think this is what you mean by "the net total of the chart amounts"? So I would word it something like "Child support shall be a straight set-off of the table amounts for (one) child according to the parties' gross income as determined each by their income tax returns." Adjust that wording as you see fit.

For your special expenses I think you should word it that they shall be paid in proportion to each party's gross income (or NDI depending on what you negotiated). I realize you think it will always be 70/30, but what if you get a substantial raise in a couple years and she wants to reopen the agreement just because of special expenses? I suggest you keep the wording such that the future can be fluid according to whatever circumstances.

"The special expenses shall be determined jointly with a children's budget set out by both parties each year. If agreement can not be reached, the parties agree to accept the decision of a professional mediator." There, you are all set.
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Old 12-17-2009, 06:52 PM
Foredeck Foredeck is offline
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Is it customary to write in the initial amount? Or the calculation?

What about something like :

"The initial monthly child support amount will be of 280$ with it being modified each June, starting in 2011."

Her lawyer suggested using 70/30 for special expenses. I believe that currently it's about 67%. I am trying to make it as simple as possible. I don't think she'll get a huge raise, it's highly improbable, and if I get a huge raise, I would be ready to voluntarily pay more. Wouldn't go to court over this.
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Old 12-17-2009, 09:12 PM
dinkyface dinkyface is offline
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Quote:
Originally Posted by Mess View Post
"The special expenses shall be determined jointly with a children's budget set out by both parties each year. If agreement can not be reached, the parties agree to accept the decision of a professional mediator."
and...

"Mediator to be chosen by father in even years, and the mother in odd years.'
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Old 12-17-2009, 09:21 PM
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Quote:
Originally Posted by dinkyface View Post
and...

"Mediator to be chosen by father in even years, and the mother in odd years.'
Heh. Actually we had pre-chosen a mediator, that was in a later section. The benefit was that we didn't have to go through any searching or discussion, one of us could just call up and make and appointment.
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