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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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  #11  
Old 06-24-2013, 04:29 PM
wannabehappy1978 wannabehappy1978 is offline
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Originally Posted by OrleansLawyer View Post
By taking your agreement to court, the court will not based solely on the agreement and nothing else do anything to enforce the provisions of the agreement, except FRO enforcement of child support.

However, if you start an application (or motion to change), that agreement is an extremely important piece of evidence for what you want. Effectively, you will look to have the court make an Order that is identical to your agreement. The other party will need to come up with reasons why the agreement should not be followed.
what would I be motioning to change? it's my paranoid assumption that after I remarry Mt ex will start up one of those motions to change to apply for full custody even though we just agreed to joint non physical custody or try to pay less child support
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Old 06-24-2013, 05:27 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
what would I be motioning to change?
If you want to change something in the agreement you bring a motion to change the agreement. Otherwise, you would bring an application.

The route is contingent upon your intention. My comment was meant to identify the two routes you may take, not to suggest one over the other.

Quote:
it's my paranoid assumption that after I remarry Mt ex will start up one of those motions to change to apply for full custody even though we just agreed to joint non physical custody or try to pay less child support
Maybe they will. Cross that bridge when it comes.
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enforcement, family law, separation agreement, spousal support, undue hardship


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