separation agreement, child support

UPDATED: May 15, 2009

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separation agreement, child support

If i sign a document agreeing to a certain dollar amount in child support do i give up the right to ever have that amount changed, such as my husband gets a promotion and raise at work or i loose my part time second job, or can the court still adjust that amount?

Asked on May 15, 2009 under Family Law, Virginia


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

To start of I am assuming you have an attorney who is handling your divorce. I would advise asking them this question to have an answer specific to your state's laws. However to give you a basic idea pretty much everything decided upon in a divorce is determined by the parties and specific to the individual case.

With child support first off there will be a determination that once the children reach a certain age of education level support will cease. Assuming your children are younger child support is determined based on standard of living and a persons wages. If you fear your husband will have a substantial change in his financial position see if your attorney can work a clause into the agreement that in x amount of years the support amounts will be reviewed.

I cannot promise this will be accepted but it is something you have the right to look into. Either way your best bet is to ask your divorce lawyer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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