Want to File for Divorce - Questions about C Support/Custody


#1

My ex and I have been living apart for approximately 5 years. I would like to file for divorce, but can not afford an attorney so I am trying to complete it through the do it yourself forms. I am somewhat confused about the issues with child support and custody.

We filed a separation agreement setting the parameters for child custody and we have not had any disagreements over this issue since we have separated. We agreed that our son would live with me primarily and that my ex could have visitation rights every other weekend and one day per week as his work schedule allows. We also agreed upon how to split up holidays and vacations.

Child support was also originally spelled out in the separation agreement, however, it is now handled through Child Support Services and the court system.

My concern is this, I was getting ready to begin to the divorce process with the forms that you have provided when a close family friend who has been through several divorces mentioned that I should also have our separation agreement, which was filed when we first separated, entered into the comlaint. My concerns about this are:

  1. Is this something that I should do?
  2. Would the separation agreement have to be re-written since it is over 5 years old and some circumstances have changes?
  3. If I should enter the agreement and it has to be re-written, will that change the process of how I do things?

We divided up our assets from our marriage without any issues. The only thing that we have in common now is our son. So far in five years, we have not had any issues with custody. I do want to ensure that I do not do anything that would allow a loophole for my ex to gain custody of my son at some later date without going through the court system though.

I also don’t want to enter anything into the court system that would disrupt what we have going as far as child support through the state.

Thank you for your help in advance.


#2

You don’t have to incorporate your agreement into the divorce (making it a court order). The agreement is still binding and enforceable as is, even after divorce.


#3

Thank you so much!


#4

You are most welcome.