separation agreement, child support

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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

Answers:

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

Answered 12 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.


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