Child support for kids from prior relationship
Q: She has 2 kids from previous relationships, and they are not my kids biologically of course. When we order your separation agreement we will mention this in the extra space provided, with her mentioning that she is seeking NO support of any kind, nor will she need to in the future. Will this cover cover me legally from any future responsibility should she ever harbours ill will towards me? We were only married for 4 months before separating. We get along well now, but I want to cover my butt here.
A: We cannot provide legal advice. However, we can provide the following general information:
- when it comes to children, under some circumstances the courts will rewrite separation agreements.
- being very clear about the circumstances and the reasons for not paying support in the agreement will help keep the courts from changing it. You should tell us if the natural father is paying support, whether there will be any ongoing relationship between you and these kids, whether during the marriage the kids have become financially dependent on you in some way that will affect them in the future if your support ceases, and what, if any, other aspects of the agreement will benefit the children (in other words, are you giving anything else up such as property or money in exchange for your wife waiving her claim for child support.
- agreements signed after both parties have received independent legal advice (from separate lawyers) have a greater chance of holding up later in court if one of you challenges it.
We hope this helps.
posted by Howard MacKinnon at 12:11 p.m.
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