Delaware Settlement Agreement and Release of Paternity Claim

State:
Multi-State
Control #:
US-01448BG
Format:
Word; 
Rich Text
Instant download

Description

Illegitimacy proceedings are generally considered to be civil in nature, and it is therefore generally recognized that the mother and putative father of an illegitimate child have the right to compromise, settle, or release a claim, and that such an agreement is a defense against subsequent proceedings by the mother.

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FAQ

Ordinarily there is a division of percentages. You might see the marital property divided 50/50, 60/40, 70/30, or 55/45, depending on all of the factors that the court is going to examine. Some more factors Courts will examine include: Age and health of couple.

Contrary to popular belief, Delaware is not a ?50/50 State? and the Court may divide the marital assets and debts in any equitable manner.

(d) A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to such party's eligibility; however, the factors contained in subsection (c) of this section shall apply and shall ...

Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.

Delaware is not a community property state. A judge will decide what is an equitable division of marital property in a divorce if you and your spouse cannot agree.

As used in this section, ?cohabitation? means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony.

The amount of the arrears payment is determined on a case-by-case basis. A person who is found in contempt of court for not paying child support can also be incarcerated until a designated amount of support is paid.

However, under Delaware law if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage. For example, if you were married for 10 years, you could only collect alimony for up to 5 years.

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Delaware Settlement Agreement and Release of Paternity Claim