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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35397
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I signed a separation agreement stating I would not ask for

Resolved Question:

I signed a separation agreement stating I would not ask for an increase in child support at anytime in the future and would not seek an special expenses. I signed it without obtain legal advise. I am now asking for special expenses. What are my chances of winning?
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

The court is the final arbiter of whether there has been a change in circumstances significant enough to justify a modification of child support. The court may well look past the agreement you signed as being against public policy. The court is required to make rulings based upon the best interests of the child.

The alternative would be to file for a divorce at this point. The issues of custody and support would naturally be revisited in the divorce.

So, try the petition for support modification first, and failing that, file for divorce. You should succeed at one point.

I wish you the best.

Best regards,

Doug

Customer: replied 7 years ago.

Hi Doug,

We are already divorced, I am wondering if it is worth while making a motion for change. I know I made a mistake signing the agreement with legal advise. My concern is should I file a motion and lose I will have to pay his lawyer costs. My question is : do I have a "good" chance at having the seperation agreement changed or would the judge take the position too bad you signed it and you should know not to sign any legal documents without a lawyer looking it over.

Expert:  LawTalk replied 7 years ago.
Good morning,

Without knowing all the specifics of your present circumstances I have no way to evaluate whether you have a "good" chance of winning.

It depends on how needy you are, how much the father makes, the amount of support you presently receive versus what it would be if recalculated today.

With the income you claim he makes, in most states you would expect to receive at least $2,000 a month, perhaps as much as $3,000 a month, in support. If you are receiving much less than that you would be better off rolling the dice and taking him back to court.

The fact that your child is suffering from a learning disability, and needs special assistance, weighs heavily in your favor as well.


Best of luck to you.

Best regards,

Doug

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