Unincorporated VS. incorporated agreement


#1

Any suggestions?


#2

still trying to get an answer on this!


#3

Still trying to get this answered…


#4

If the agreement is incorporated, its provisions henceforth become enforceable as orders of the court. This means either party may be held in contempt for willful non-compliance.

If you can communicate effectively with your ex and mutual trust exists between the two of you, then you might not need to involve the court in setting child support. You leave the agreement “unincorporated” in this case. Realize, however, that if you initially leave the agreement unincorporated and then, at some future date, need to have the court set child support, the court is supposed to presume that the amount of child support specified in the still-unincorporated agreement is correct. Depending upon the particular judge who hears your case, it can be very difficult to successfully rebut a “presumption.”

In no case should you ever agree (in a separation agreement of any kind) to pay more than the Guidelines-based amount of child support. Judges have little compunction over raising child support - whatever the particular facts of the case. They are extremely reluctant to lower it, even when a significant change of circumstances has occurred.

As for what you include on a loan application, you don’t have to list anything. But, if your credit report shows a debt or ongoing obligation (e.g. child support) that you didn’t list on the loan application, your credibility with the would-be lender will have been lost. I don’t know if court-ordered child support shows up on a credit report. Child support paid pursuant to an unincorporated agreement will not show up on a credit report.

So there you have it. Figure out what makes the most sense for your particular situation and act accordingly.


#5

Thanks. I found out that if the child support order becomes part of the court (by incorporating a separation agreement which states the amount of child support therein), then it will be reported to the credit bureaus! This is a major issue and must be carefully weighted against any benefits of separation agreement non-incorporation!

I am beginning to think that it is not in the best interest of the child support provider to incorporate the agreement into the divorce agreement. Any body out there have an opinion/experience on this?


#6

What’s the effect on financial matters for the husband who is paying child support to incorporate the separation agreement with the divorce order at the end of the separation period? Will incorporation of the agreement make it a mandatory disclosure item during future loan application for the husband?

I have noticed that during many loan applications, they ask if you have COURT ORDERED child support. If I choose not to incorporate the agreement, this question would be answered “no.” What are the pros and cons of incorporating the agreement?

I need somebody’s opinion on this.