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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 03-25-2011, 09:53 PM
staysingle staysingle is offline
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Default Filing our signed separation agreement with the court

Is there advantages and disadvantages to filing a separation agreement with the courts? I am currently filing a motion to change trying to stop child support for 19 year old son who is not in post secondary. I have a 9 year old separation agreement that was never filed in the court. I think I need to either file this now or at least show the courts the agreement. I am not sure what to do . Any help please.
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Old 03-26-2011, 09:13 AM
walshch walshch is offline
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The Separation Agreement needs to be Signed by both parties in front of a witness. It doesn't have to be filed with the Court, unless one person is bringing a motion forward. Hopefully both you and the Ex had legal advice before signing the SA.
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Old 03-26-2011, 09:50 AM
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In that case, your CS must not be enforced by the FRO.

Just stop paying.
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Old 03-26-2011, 10:35 AM
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Yes our sep. agreement is signed, independant legal advice etc. That's all good. We never filed with the courts for the reason of keeping financial info out of public eyes. We live in a smallish town and I own a plumbing company. I also never missed a support payment so there was no need for FRO. Do I still need to file the agreement with court as I am seeking to eliminate my CS through court order
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Old 03-26-2011, 10:36 AM
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Just stop paying.
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Old 03-26-2011, 10:37 AM
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I have done that! The mother is disputing this matter. I am worried about retro awards if the courts deny my claim.
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Old 03-26-2011, 10:44 AM
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The child is no longer a child of the marriage. Let her squawk all she wants.

If she takes you to court, she will be unsuccessful.

Just to be safe, budget to pay but realize you almost certainly won't have to (based on your limited information).
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Old 03-26-2011, 11:25 AM
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What if my son decides to go back to school one or two years from now and happens to stay with his mother will I still have to pay CS to the mother? I am worried that if I don't get a court order eliminating CS formally at this time, and at some future time my son goes back to school I will be on the hook for CS from this time forward. Sorry to be too wordy. I have experianced the gender biases in Fmaily Court and they scare me!
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