What Are The Advantages To Agreeing On A Child Support Amount In A Separation Agreement
No matter how much you try to make the marriage work, sometimes, the only way to save yourself is to get away from it. Whether you like it or not, leaving may be the only option left. It is better to separate from your spouse than live with him or her only to suffer in silence and live a miserable life. If you are sure of separating from your spouse, make sure to get in touch immediately with a lawyer who will assist you in the process.
When it comes to separation, one of the options available is to enter into a separation agreement with your soon to be ex-husband or ex-wife. In such case, you and the other party need to undergo a negotiation process wherein you will discuss certain terms and conditions. One of the items that may be included in the said agreement is a provision for the payment of the child support. Whatever is agreed during the negotiation phase will be included in a contract that binds both parties.
Since what is involved is a contract, the parties enjoy the freedom of autonomy. This means that they can agree into whatever terms they deem necessary. However, it must be noted that each party must be assisted by their legal counsel in order to guarantee that they know fully well the effect of any agreement that they will enter into. Nevertheless, the terms and conditions must not be contrary to law, public policy, good customs or morals. When the contact contravenes the law, it shall be considered void.
It is highly recommended that the parties agree on who will be liable to pay the private schooling or education-related fees of the kids through a separation agreement. There are some matters concerning child support that cannot be adjudicated in the court of law. For example, when it comes to the payment for the college education, extracurricular activities or life insurance, they cannot be imposed on the parents.
If you have made a final decision to separate from your spouse, entering into a separation agreement with the latter may be a good idea. However, it must be done with the presence of your attorney. Do not sign any contract without the assistance of your lawyer. This is to guarantee that you will not impose heavy obligations on your part while the other only has simple obligations. Moreover, always think of the welfare of the kids before you agree on any matter during the negotiation phase.