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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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I live in Baltimore Maryland and I am dealing with a very

Customer Question

Hi . My name is***** live in Baltimore Maryland and I am dealing with a very difficult
divorce after 15+ years of marriage. My husband is putting ridiculous pressure on me to sign a divorce document later this morning that I know is grossly unfair with regard to child support. He has my 9 y.o son in Arizone with him right now and insists he is cutting short his visit and flying home to Maryland on sat despite the fact that I am completely unprepared to receive and care for my son since I am in between apartments right now and am asking for another 30 days of visitation so I may move into my new place. My question is..if I sign today. I will most certainly be signing under duress,,Can this be contested later ? He should not be able to treat my son like this but under pressure from his g/f they want me to hurry up and sign and take my son back even though the circumstances are less than ideal
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
hi..i need to log off now but I will look forward to your response shortly..Thank You so much
Expert:  Lucy, Esq. replied 1 year ago.

Hi Cindy,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Duress, from a legal perspective, does not mean what most people mean when they say they're signing something under duress. You should assume that, if you sign the document, it will be binding on you. A person should never sign anything they do not intend to uphold. Duress essentially means that he's holding a gun to your head to make you sign, or threatening to cause physical injury to you, your son, or another member of your family, or he literally puts the pen in your hand and moves it on the paper without your consent. Being a jerk isn't duress, no matter how bad the pressure is - you can always say no. In this scenario, you'd have to be able to argue that your husband's act of leaving your son with you would be detrimental to the child's health and well-being, and that may not be the best argument to make.

You can use what he's doing to greatly restrict or even eliminate visitation. But you do not have to agree to reduced child support just because he's a bully and his girlfriend is selfish. The cost of living in Baltimore is higher than most parts of Arizona, and you have a right to receive enough money to raise your son properly. Your SON has a right to be supported by his father. He deserves better treatment.

Look at this calculator to see how much a judge might order you to pay, if you haven't already. See how far off it is from what he's offering. Because if you sign something you don't agree with, you could be stuck with it.

http://www.dhr.state.md.us/CSOCGuide/App/disclaimer.do

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