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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11458
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I signed a voluntary separation and property settlement agreement

Customer Question

I signed a voluntary separation and property settlement agreement in Maryland in June of 2008. I was divorced in 2009. I did not have representation from an attorney during any of the process. Although in the agreement I acknowledged I was advised I could seek counsel.
At the time, we decided that the children should remain in the family house for continuity but since I made less money and could not afford the house he would stay in the family house and we would split the equity. I bought a house in the same school district and we have shared custody.
I was told by my ex-husband that he would be unable to afford the family house if he had to pay child support. So in order to make the divorce easiest on the children I agreed to not seek child support so that they could continue to live in their childhood home.
He remarried shortly after the divorce and has been less than equal in his financial participation. He does pay for some things but completely ignores or stiffs me on payment for other things.
Is it possible to file now for back child support and/or an equal portion of his pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
The pension is likely a non-issue, I am afraid, but child support may be actionable. What, specifically, was listed as the child support custodial split, and did, at that time, the courts grant any sort of a child support order?