What You Need to Know About Separation Agreements

What are separation agreements? Separation Agreements are written documents that outline the terms of a divorce. These documents should be signed by both parties to indicate that they have officially ended their relationship and that they will no longer be living together as husband and wife. Sometimes the terms of separation can become unfavorable for one or both parties, resulting in court action being filed. If this occurs, then a family law attorney may be able to help you with writing separation agreements.

Why would anyone enter into a separation agreement? Often when a couple is splitting up, they have issues regarding their children. For example, if one party was the primary caregiver of the children, they may want to gain sole legal custody of the children. If the children were involved in a violent divorce, the parent who was not the primary caregiver may seek full visitation rights with the children. In these situations, the agreement could serve as an agreement for the children’s welfare rather than as a final decree in the case of divorce.

There are a number of different types of Separation Agreements that could serve different purposes. For example, where one parent has the primary legal custody of the child, they may enter into a written agreement stating that they will stop visitation and will execute a spousal support order. Another common example is where a couple is getting divorced and one parent has primary physical custody of the child. The other parent may seek visitation rights or seek legal custody of the child. In either situation, the parent seeking legal custody must complete and file an Agreement to Effectuate a Legal Custody Change.

Along with the agreement, there is often a stipulation of what will happen should the parents be unable to come to an agreement regarding child support or spousal support. Often, if one parent seeks custody, but can not come to an agreement with the other parent about a visitation schedule or spousal support, they may still seek a court agreement. Again, the agreement would be used as a means of enforcing the court’s order, providing financial guidance to the custodial parent, or a combination of both. The court may also use the agreement to set up periodic holidays for the children, or establish a holiday schedule for the children.

If the parents are unable to agree on any issues relating to their child, they may go before the family court. Here, they would present their case and request a judge to issue an Order for Support. If the court finds both parents to be legally responsible for the children’s welfare, then they may order one parent to pay child support, or both parents to make payments towards their own individual child support obligations. The court may also determine who is responsible for which expenses, and issue an Order for Support Modification, if necessary. The court may also create a Payment Plan or schedule for each parent, or place both parents on an allowance that allows them to pay their respective child support obligations in a more affordable fashion.

If the parents cannot reach an agreement regarding their child support, the court may choose one of several alternative dispute resolution techniques. First, the court may require one of the parties to reimburse the other for costs incurred while pursuing the litigation. In many cases, the party being ordered to pay child support may refuse to reimburse the other parent. To avoid exorbitant litigation and costs, a parent may consider submitting a financial hardship letter to the court explaining why they were unable to make payments during the time of the litigation. If the parent is unable to prove their inability to pay, the court may reduce the amount of support or require them to pay the difference out of pocket.

If parents are able to come to an agreement outside of the court system, they may make their own separation agreement. In this instance, both parents would create and sign a written agreement stating how they will divide their property and what duties will be assigned to each parent. The parents should also decide how much money each parent will receive. This agreement could be made as part of a child-custody form. Once the agreement is recorded in the court, it can be used as proof in the event of future litigation. It will not, however, affect the child support payments that have been ordered by the court.

Some parents wonder whether a separation agreement is appropriate for their situation. Separation agreements are appropriate when the custodial parent has experienced a change in circumstances, resulting in the need for temporary child support. A child support enforcement agency can be hired to help the custodial parent to collect child support payments from the non-custodial parent. The agency will contact both parents and present them with the proper forms, which must be signed to begin the process. Once the child support payments are received by the non-custodial parent, he or she must notify the custodial parent that the payments have been stopped.