In most states, one of the sticky legal issues is child support. After an agreement is reached between parents regarding the support of the child, it is often subject to subsequent change by a court. This generally occurs due to the fact that often times one party to the separation agreement will allege that the agreement provides for inadequate support for the child. Similarly, the party could often assert that due to a substantial change in circumstances after the agreement has been signed, the agreement has to be modified by the courts. Sometimes, the parent who does not have custody of the child will argue that the price of child support provided for by the separation agreement is too costly. This issue is , however, a matter that differs greatly between state’s and court jurisdictions. There have been recent rulings in both Michigan and California that are completely contradictory in nature.
In conclusion, choosing to create the separation agreement without legal counsel can be feasible and wallet comforting. With that said, both parties to the agreement must enter the agreement with open lines of communication and full disclosure if they hope to create an agreement that is legally binding and can withstand scrutiny. Lastly, parties may also consider utilizing a property settlement agreement form or similar template as a route of guidance in dealing with this complicated legal matter. These templates and agreement forms differ by state and you can find them on our site.