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his former spouse were advised by counsel; (3) establish that
pre-existing child support orders remain in effect; and (4)
provide that petitioner and his former spouse “mutually remise,
release, quit claim and forever discharge the other * * * from
any and all rights * * * including * * * any rights * * * which
either party may have for future spousal support or maintenance,
alimony, [or] alimony pendente lite”. Furthermore, in a document
incorporated into the divorce decree, petitioner and his former
spouse agreed that it was the “sole responsibility of each * * *
to sustain themselves without seeking any support from the
other”.
During their marriage and prior to their separation,
petitioner and his former spouse resided together in Stroudsburg,
Pennsylvania, in a house owned by petitioner, but subject to a
mortgage (the marital residence). Petitioner, the sole mortgagor
on the mortgage, apparently defaulted on the mortgage payments
prior to the year in issue. As a result, pursuant to foreclosure
proceedings the marital residence was sold on November 16, 2000.
Following the foreclosure sale, petitioner’s former spouse and
child moved to a rented residence.
According to the stipulation of facts, on October 27, 1998,
petitioner’s former spouse “made a request for child support and
spousal support” of $250 per week. The record does not reveal to
whom the request was made or provide the outcome of the request.
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