My ex and I have been separated for over a year and we both signed a separation agreement a year ago stating the division of assets, custody, everything…and it is very fair. Now that its been a year i want to file for divorce and she says she wants more money and is going to take me to court. i already agreed to pay her more than the child support payment calculator stated, but she is and always has been very greedy. how binding is a separation agreement? Can she reverse what we both signed as fair in a separation agreement if this goes to court?
The agreement is final with respect to alimony and property. As for child support, she could file an action for support, however she will have to overcome the presumption that the amount agreed to is sufficient and in the children’s best interests.