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Legal Seperation agreement question

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Eric Faulkenberry

Guest
I have a friend that's already signed a separation agreement form in front of her husband's lawyer because she can't afford one for her self. The agreement basically states that if she moves more than 30 miles away from her husband, he will be giving the full custody rights. He also may request for child support. She has two daughter's, one from their marriage and the other not. Right now, she isn't working because she just moved to another state so she could get away from him. Would a judge force her to pay child support when she can barley support the child that's with her today? All the judge would have to do is look their net income to see that she can barley make it, while he is making a very nice living. She's not asking him for anything, just to leave her along and allow her to see her child on her visitation days. Can you please provide us with a possible solution to a very difficult problem?
Thanks,
 


LegalBeagle

Senior Member
I 'think' she is saying that the child in question IS with the bio dad.. and that she is now worried that he asks for CS .. ??
 

MySonsMom

Senior Member
Yes, that is what I gathered from the post. She was given custody, but in the agreement it stated that if she moved more than 30 miles away, she would forfeit custody. She did just that, handed over the child and is now worried that she will have to pay child support. The answer to her question is....YES! You have a financial obligation to that child, and will be forced to uphold that obligation. So you will have to get a job or whatever, and support your child regardless. What you will have to pay is determined on his salary and yours. And if you don't have a salary, it will most likely be based on if you were to work full time at minimum wage. I'm not even going to comment on the decision of giving up a child so easily, I'm sure you had your reasons. Nonetheless, you have a responsibility to this child and will have to fullfill that. The only way you will get around it is if someone willingly adopts the child and accepts full responsibility, until that day it's you. Good luck!

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-
 

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