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We have filed a joint petition for divorce and have written up our own seperation agreement. In the agreement I have accepted way less than the state minimum for child support to try to remain on good terms. Will the judge honor this? I am also picking up health insurance for myself and my child. The stat mimimum is 175 a week and I have agreed to 100.00

Court approval of separation agreement

It's difficult to predict how a judge will react to a proposed separation agreement, but the court will consider all of the circumstances of your situation and all of the terms of the agreement before determining whether it is "fair and reasonable" to all parties.  That determination (fair and reasonable) is required by Massachusetts law before a divorce can be granted.  On the plus side, if the judge has an issue with your agreement, your husband will know that you are still trying to be reasonable and the changes are required by the court, not you.  If problems do develop, you might consider divorce mediation.  Follow this link to our MA Divorce Mediation Discussion Forum.  Good luck.

Child Support

As stated by the Editor it is difficult to know what the Judge will say. What will most likely happen is the Judge will ask you why you have decided to receive less than the guidelines state. You will have to have a good explanation for the Judge. I would prepare this explanation and an alternative agreement in case the Judge does not accept your agreement.

Wyckoff Nissenbaum
www.SomervilleLawOffice.com

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