Legal Question in Family Law in Maryland

When to pay spouse?

Waiting to receive separation agreement. Non-working spouse is now looking for a job & has a contract on home purchase. Wants me to give her deposit $ (have to sell stocks). I'd keep current family house. Share custody of 3 kids 50/50. She will pay her own mortgage (ha) I donít want her to ask me, and she wants to try this on her own.

My questions are when would I have to settle up with her? As soon as we agree on the separation agreement or when courts grant divorce final?

Is it OK to forward her the downpayment on the house?


Asked on 9/24/03, 5:26 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: When to pay spouse?

You should not pay your spouse unless she has custody of your children. A separation agreement and requirements of child support are two different matters. Your spouse cannot obtain remedy for past claimed child support unless required by court order. Child support as resolved in a separation agreement can be binding.

Before you sign any agreement or write any checks you should contact an attorney. I am avaialble at (410) 799-9002.

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Answered on 10/03/03, 11:25 pm
Carolyn Press Chung & Press. P.C.

Re: When to pay spouse?

I would not recommend that you give her the down payment for her house purchase until the agreement is signed. Once it is signed, it will most likely (and should) contain a provision about when you pay anything to her and when she is to sign over her interest in your current home to you.

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Answered on 10/06/03, 2:57 pm

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