Nc separation laws and dating
Comments, corrections and suggestions regarding this pamphlet should be sent to the address at the end of the last page. In most cases, however, this is a hard case to prove. But you may make provisions for college in a separation agreement and these will be binding and enforceable; the court can require each of you to perform your promises that are set out in the agreement. WHAT POINTS SHOULD WE REMEMBER DECIDING ABOUT COLLEGE EXPENSES? Here are some of that items that a good separation agreement will address: • How long should the obligation last? Such a provision is fair to everyone and does not force either parent to go broke financing a college education. For example, some agreements state that the child must attend an accredited institution, in pursuit of a generally recognized undergraduate degree, on a full-time basis, while maintaining at least a "C" average. If the agreement is drafted properly, alimony can be deductible for the payor and therefore taxable to the recipient. Alimony usually ends at the death of either party or the remarriage of the recipient (usually the wife). WHAT SHOULD WE DO IF WE HAVE AGREED THAT NO ALIMONY WILL BE PAID ? It is always best to set out such a term clearly in the agreement. Here is some very general guidance regarding alimony pursuant to state laws: • You cannot demand alimony from the court unless you file a lawsuit requesting it, and this should be done before you get divorced! In one case, the husband may take on payment for all the debts because his is the sole source of income in the family or because he created the debts in the first place. There is no such thing as a "dating clause" in separation agreements if the purpose of such a clause is to allow adultery. In the absence of proof to the contrary, however, there is a presumption that the agreement's terms concerning the children are fair, reasonable and necessary for the best interest and welfare of the children. This depends entirely on the law of the place where the agreement is to be enforced or modified – overseas or stateside. The usual ones are room and board, books, tuition and fees.Make sure your agreement is very specific and plain in this area as to your intent on dividing the pension; a poorly worded agreement may be challenged in court as vague and unenforceable. At this time the other spouse would receive a share of each check equal to one-half (or some other percentage) of the portion acquired during the marriage. Our legal assistance office stands ready, willing and able to help you in these matters.Be sure to bring along with you to the interview a copy of any documents or court papers that might be helpful to your attorney. 1/08] * * * HE LEGAL EAGLE SERIES OF CLIENT HANDOUTS IS PREPARED BY MARK E.
You do not need to file for "legal separation" in order to begin the one-year period.
Womens is unrelated to the above organization and cannot vouch for the accuracy of its site.
INTRODUCTION: As a service to our legal assistance clients, we have prepared this handout with frequently asked questions involving separation agreements. A separation agreement is a contract between a husband and wife when they separate from each other in which they resolve such matters as property division, debts, custody and support. Here is some very general guidance : • If the separation agreement hasn't been incorporated or made a part of a court decree, then it's binding and cannot be charged regarding your “adult promises,” except with the consent of your spouse. Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university.
IF I HAVE A SIGNED SEPARATION AGREEMENT AND AN APPROVED REQUEST FOR AN “ADVANCE RETURN,” DOES SHE HAVE TO LEAVE? For example, the father could claim the exemption in even-numbered years (1998, 2000, 2002, and so on) and the mother could do so in odd-numbered years.
She may lose command sponsorship and be barred from all the facilities here, but a civilian spouse is not required to return to the States if she doesn't want to. • Should you alternate the exemption between parents?