Do NOT sign anything that you do not agree to. If you need to have the agreement altered prior to you signing it, then have it altered. What you don’t agree to, ask him to change it. You do not HAVE to sign anything.
- You are entitled to 1/2 the equity. The proceeds from the sale of the home should be split and if you have an agreement that he would pay the expenses then you do not have to reimburse him using your portion.
- I’m not sure about the tax issue. I would hope that if you have been making payments to him, you have record of that and the agreement needs to reflect that.
- Child support and property distribution are separate issues and I suggest that you have it set in the agreement the amount he is going to be paying you for child support. Go by the guidelines on the home site because that is what the state would do. If you do not feel that he is using his “correct” income then do NOT sign the agreement with that amount. Make sure things like insurance and medical bills for the children are covered in the agreement. And I suggest a added line that any unforeseen necessary large expenses over $x ($100)amount is split between you. This would not include him taking the children on vacation, but if one had to have stitches…you would both be responsible for the bill. You can also add in any unnecessary expenses AFTER agreeing on them. Things like summer camps or special classes have to be agreed upon or the cost is not split.
You have some control in this. An agreement is just that. If you do not agree the smallest thing in those papers, then do NOT sign. If it makes you uncomfortable because something isn’t worded the way you would like, request that it be changed. The 3 week deadline he gave you may have been his way of trying to get things over and done with. Maybe he doesn’t want to pay his attorney to have them drafted again. My husband and his ex had their separation agreement drafted 6 times before they were both happy with what was in it.
He and his attorney are going to try to get you to agree with as little fuss as possible. The less they can give you, get you to agree to or work that they have to do, the better. You are entitled to have the agreement changed before you sign it. As long as you are not “just causing problems” and being petty. I would think they will negotiate.
I suggest writing in the changes you wish to make, write a note to him and give him the papers back saying that when those changes are made you will sign. Make sure to read through the entire agreement when you get it back so that other changes are not made that you didn’t request. There have been people post about that before. Be reasonable in your requests and the attorney and your ex will likely negotiate. Make sure you understand everything that’s in the papers also. Don’t sign anything that you don’t understand. Protect yourself and your children to avoid resentment in the future.