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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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Can my husband and I as part of our separation agreement, agree

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Can my husband and I as part of our separation agreement, agree to a 70/30 equity split with me getting all the rent from the main house and he staying in the attached studio indefinitely. Splitting maintenance 70/30 and renovations 50/50? Is he required to pay child support if I don't want it? Would this be easier if we just went to vegas?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

While you and your husband can enter into any type of an agreement which would be mutually accceptable to you and your husband when it come to the diviction of marital property, even though California is a community propery state and the court would usually approve such marital property settlement agreement, you would not be permitted to waive or give up any child support payments from your husband, which are legally required under the law, since the child support payments are intended for the benedits of minor children and the custodial parent cannot waive the child support payment.

I wish you the best of luck and please let me know if you have any related follow up questions.
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