If I am separating, do I need to have the separation agreement in place before I move out? If not, how much time do I have to come to an agreement on spousal support?
hello you do not need to have an agreement in place first. you do not give up any rights to spousal support iin moving out, and there is no time limit regarding a court application for spousal support.
Ok, thank you. If I make a written agreement with him regarding child and spousal support and find that it is not a fair agreement, can it be changed later or would it be final?
when spousal support is involved.with respect to child support, it can be changed for sure as the court always has the power to order the proper amount of support for a child and an agreement to pay an amount that is too low for example isnot binding on a court. spousal supolport is more complicated, and a court can set aside an agreement if it is not very clear that it was meant to be final, or if the agreement does not show that the parties fully considerted all the relevant factors that go into spousal support. it is usually a good idea for that reason to have a lawyer draft an agreement when spousal support is involved.
sorry, i did not mean to begin that last post with "when spousal support is involved"
Thanks for your help. If his income will become lower after our separation (due to him taking care of the children half the time) is that accounted for when amounts are calculated?
yes, support is based on current amounts of income. if the reduction in support is for a valid reason and not done simply to try and lower the supporrt obligation then it is appropriate to use the reduced income in determining support.
with over 15 years experience.