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Am Jur 2d - Divorce and Separation § 938

IV. Child Custody and Support; Visitation Rights, B. Child Support, 3. Amount of Allowance, a. In General, § 938 - Effect of agreement of parties—Under Uniform Marriage and Divorce Act

Under the Uniform Marriage and Divorce Act, in order to promote the amicable settlement of disputes between parties to a marriage, attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for support of their children.[1] However, in providing for the binding effect of separation agreements generally,[2] the statute expressly excludes agreements providing for child support.[3]

If the court finds the separation agreement unconscionable, it may request the parties to submit a revised separation agreement or may make orders for maintenance and support.[4] If the court finds that the separation agreement is "not unsatisfactory" as to support, unless the separation agreement provides to the contrary, its terms must be set forth in the decree of dissolution or separation and the parties must be ordered to perform the terms of the agreement.[5] If the separation agreement provides that its terms are not to be set forth in the decree, the decree must identify the separation agreement and state that the court has found the terms not unconscionable.[6]

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1   Unif. Marriage and Divorce Act § 306(a) .

2  §§ 1045 to 1048 .

3   Unif. Marriage and Divorce Act § 306(b) .

4   Unif. Marriage and Divorce Act § 306(c) .

5   Unif. Marriage and Divorce Act § 306(d)(1) .

6   Unif. Marriage and Divorce Act § 306(b)(2) .

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