This ground is not often used due to the fact that you have to . Clearly, being pregnant during the divorce is an extremely important and vital issue that both the court and the lawyers, along with your spouse, need to know about! for Claiming a Dependent on Your Tax Return. If the dependent spouse has to seek a court order for support, the supporting spouse can be required to pay back-support (arrears) and attorney fees in support actions. But, on the bright side, this did prompt us to go ahead with that divorce!. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the mans parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).. While you and your spouse may not agree on the amount, payment of a manageable amount can show good faith early in the process and avoid litigation on support issues. Licensed for 18 years. NC law regarding paternity wouldnt apply on your federal taxes. Brookfield, WI 53005, 5497 W. Waterford Ln., Suite E We could have finalized the divorce, or I could have, at the very least, warned him that this was the case. It complicates the divorce. So, there is no need to delegitimize the child. Dozier Miller Law Group In those instances, paternity must be established in order to collect child support from the putative (or alleged) father. Decision-making could be quite difficult especially if the both of you have been trying to negotiate a settlement. He might not respond positively on learning that you are seeing someone else. If this is an intact family, and the mother and her husband want to raise the child on their own, do their rights outweigh the third partys rights to have paternity established? (2) Is there a legal presumption that the husband is the father? At the time of filing, she did not indicate she was pregnant. If someone is pregnant during the divorce, the other spouse will automatically be a legal parent once the child is born, even if the child is born after the divorce is finalized, and even if the other spouse is not biologically related to the child. There is presumption that the husband is the father. Please see this link to the Rules Getting pregnant by another man could affect settlement negotiations especially where your husband is not ready to move on. However, you may be able to move forward with a legal separation in the interim, allowing you to dispose of the asset and debt issues, and deal with the custody of your four month old. If you or your spouse move out with the intent to live separate and apart permanently, youre separated. murphyE927 1 yr. ago. Bear in mind that the expenses attached to infidelity may be considered especially if you spent a lot of money on your new partner. The only exception is if you qualify for an annulment, which only applies in extremely limited circumstances. So, once you have established a separate residence with the intention of ending your marriage, there is no need to wait until the Court has granted you an Absolute Divorce to go out on the town with someone new. Can you explain it to me in non-legal terms? 525 N. Tryon St. Voluntary Acknowledgment of Parentage" form, Help for Elders and Those with Disabilities. Your husband needs to sign the presumed father section of the same form. You may be able to get free legal help from your local legal aid program. Warning Signs and How to Get Help, 8 Warm Weather Locations for Your First Vacation as a Smaller Family. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.. Best of luck. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. Cookie Notice While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. You will be presumed to be the father even after divorce until you do paternity in court to prove you're not the father. Here, the judge treats the unborn child as if it were already born. Separation is a time for absolute discretion on Facebook, Twitter, etc. In other states, Washington State, for instance, a woman who is legally married but having another mans baby can ask the biological father to sign a Paternity Acknowledgment following the babys birth. Appleton, WI 54913, 11414 W. Park Pl., Suite 202 If you and your spouse agree for you to move out to effectuate a separation, its not abandonment. Private message. in the lowest taxes for you and your wife. You dont need a written agreement to effectuate a separation, although separation agreements can protect your rights and make sure the terms of a separation are clear. between I live in Michigan, Ive been separated from my wife for 10 months. Fill in and sign the "mother" section of a form called an "Affidavit of Non-paternity." You can get it from the Department of Revenue (DOR) or from the Probate and Family Court. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. People who have gone through divorce can tell you that the process is never easy. 933 N. Mayfair Rd., Suite 300 Milwaukee, WI 53202, 200 S. Executive Dr., Suite 101 Once the divorce is finalized and the wife has received any compensation she deserves, she should lean on her . in Mand My wife had a child with another man while we were legally married, how to file? Cohabitation (living with) your dating partner can terminate spousal support. Rules 891.39 Presumption as to whether a child is marital or non-marital; self-crimination; birth certificates. We can help with that. 2017. It happens every so often, that a woman going through a divorce will get pregnant. 704-372-6373 In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the womans husband alleges that he, not the husband, is the childs father, a party may allege that a judicial determination that a male other than the husband is not in the best interest of the child. If you and your spouse have children, uncertainty regarding child custody can be a barrier to separating. So, you are probably saying to yourself, I have no idea what any of this means. Call Us Today: (919) 870-0466 Call Now Yes, from what you described, your wife would be entitled to When a woman is married and pregnant from another man. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Suite #601 Type the letters you see into the box below. Proof of adultery may affect alimony and child custody. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. So, while the third party who believes they may be the father can technically file a paternity action while the woman is married, the parties (husband and wife) can argue that having paternity established is not in the best interest of the child. Can we claim her on our taxes as a dependent since my wife carried her, used her insurance policy for the birth and paid her medical bills? North Carolina requires that spouses live "separate and apart from each other" with at least one of them intending to end (terminate in legalese) the marriage. Website. Leaving does necessarily constitute abandonment under North Carolina law, but understanding the concept of abandonment may help you make a decision about your separation. 767.215 Initiating action; petition and response (2) PETITION CONTENT. I paid for the childs registration fee which I have not been reimbursed by the father so technically I did pay some childcare. During a divorce proceeding, a judge need not award custody of the children to either the mother or the father if he or she finds them unfit. Log In. A Desire to Date or Remarry: If either party wishes to remarry, a . Been preparing taxes professionally for 10+ years. I didnt believe her at first, but it turned out to be true.. A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct. To be honest, I hadnt even considered that this would be an issue, Angela says. Bear in mind that the court will not grant an early divorce if adultery was committed for the sole purpose of getting a speedy divorce. file Married, Filing Jointly this one last time. Although. My client (the wife), had made no mention to me that she was pregnant. Many times in family law cases, we see situations where a woman becomes pregnant while still married. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. You can file your divorce complaint one year and one day after the date of separation. If your husband does not sign the form, then legally he, Both you and the biological father of your child need to sign a ", File the Affidavit of Non-Paternity and your childs birth certificate at the office of the city or town clerk in the city or town where your child was born. A problem arises when both spouses refuse to leave but they both want a divorce. sec. I've watched case after case where dating after separation has caused the situation to explode. In legal speak, the "presumed father" is the person recognized under state law as the legal father of a child. Filing jointly and claiming all three dependents would likely result When a woman is married and pregnant from another man. Appleton, WI 54913, 11414 W. Park Pl., Suite 202 If Id known, I couldve warned him. Youre very likely going to be responsible for some spousal support plus child support if you have minor children. Except as otherwise provided, in an action affecting the family, the petition shall state: (b) The name and birthdate of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant. (emphasis added). Here are the family lawramifications you may face for getting pregnant by another man during your divorce. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. exemption. When I called my ex and asked him to sign the waiver, I thought he was going to have a heart attack, Angela says. You have a separation agreement or court order that prohibits introducing dating partners to your children for a specified time period; If you had an affair, establishing a dating relationship with your affair partner can be used to support acts that occurred prior to the date of separation in an. I heard you can still be held responsible for another man's child if the child is born into your marriage. If you find yourself in a situation similar to Angelas, look up paternity laws in your state before you start to worry. Otherwise if you end up duking it out in Court, all you are really doing is paying strangers often quite a bit of money to make decisions for you that you and your spouse could have made yourselves for free. Getting pregnant during your divorce complicates many issues and could hinder your right for divorce. If you are the primary breadwinner in your home, you should prepare to pay some support. Its almost always the most advantageous In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action. Law enforcement cannot assist you in getting your children back from the other spouse, so it pays to be civil and come to some type of understanding. If you find yourself in a situation similar to Angelas, look up, D.I.we A Better Way + More Resources for Families, [INFOGRAPHIC] Drug Testing in Family Courts: Understanding the Basics, Divorce and Mortgage Payments: Everything You Need to Know, Are You in a Toxic Relationship? In this case, the state laws are set up to protect both mother and baby financially by presuming that the husband is the legal father and therefore still legally responsible for the childs well-being. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. My wife and I were legally married all of 2017 with not legal separation. for Claiming a Dependent on Your Tax Return. And remember, knowing ahead of time can alleviate a lot of confusion. This could cause complications and prolong the divorce proceedings. A few days before the birth of her second child, Angela V. of Pennsylvania discovered a troubling fact: Although her babys biological father was her live-in boyfriend of two years, under Pennsylvania state law, her not-yet-ex-husband whom she hadnt been intimate with for more than a decade was considered the babys legal father. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. If there is such a finding that determining paternity is not in the childs best interests under these circumstances, the court can disregard ordering DNA testing and must dismiss the case. Brookfield, WI 53005, 5497 W. Waterford Ln., Suite E Weve gathered a list of 8 facts that will answer many frequently asked questions over the years. Getting pregnant by another man could affect settlement negotiations especially where your husband is not ready to move on. Can they be determined to be the father? West Bend, WI 53090, 811 E. Washington Ave., Suite 418 5540 Centerview Dr., Suite 315 Angelas situation is not as unusual as it might seem. If in the middle of the divorce, there is a question of parentage, I am not sure there is any specific law that I can point to where the husband is entitled to the wifes private medical information about her pregnancy or force himself into the birthing room, over the objections of the wife. He or his parents pay for childcare so we would not be taking advantage of the childcare credit for that child. North CarolinaDivorce Further complicating the matter, since her and her husband had been physically separated for over 9 months, her husband was not the father of the child. between a man and his child. The husband by law, is presumed to be the biological father of the child. When she started dating her boyfriend two years ago, Angela told him she was separated but not legally divorced. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? and with your wife and the father for the rest of the year. Clients frequently are anxious when determining whether separation is the right move for them and their children. Some courts even go one step further and order that the mother file a paternity action and have the real father adjudicated before the divorce can be completed. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Your spouse does not have a say in whether or who you date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. While coping with separation, take care of yourself as much as possible. The husband by law, is presumed to be the biological father of the child. Why does that matter? I had no idea! Angela says. Your husband needs to sign the "presumed father" section of the same form. During the court hearing, we began by asking her the standard questions from the petition for divorce. Also. The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. That would preclude the third party from having themselves established as being the biological father of a child to a woman who was married at the time. If the presumed father denies that he is the biological father, the mother can file a petition with the court to determine paternity through DNA testing. Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce? He texted me all day, to make sure he wasnt going to be responsible for another mans baby. 933 N. Mayfair Rd., Suite 300 If either the mother or her husband raise the issue with the trial court that the husband may not be the father, most courts will put the brakes on the divorce process, order a guardian ad litem be appointed for the baby and order DNA testing for all three. North Carolina; North Dakota; Ohio; Oklahoma; Oregon; Pennsylvania; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; . Consumers: Ask Lawyers Questions and Get Answers for Free! We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this? However, sometimes you simply can not agree and if so you need to consult with a local family law attorney ASAP to start batten down the hatches and preparing for a contested divorce. Your husband could use your pregnancy as leverage to get what he wants, thus you may end up losing more than you actually thought. Lawyers, Answer Questions & Get Points You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage. To file for divorce in North Carolina, one spouse must have been living in North Carolina for at least six months immediately prior to the filing. Of course, it is certainly plausible that a woman who is legally separated or divorcing may be giving birth to her husbands biological child. We offer a consultation to help identify your optimal outcome and move towards an amicable solution. MBA, Enrolled Agent. Copyrightdocument.write(new Date().getFullYear()) Wevorce. Or email a question about your own legal problem to a lawyer. You do not have to file a legal document to begin a separation, although some people prefer to do so. Wevorce is a registered trademark. If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important. Paternity is the legal process of recognizing a child's biological father as his legal father. Lawyers, Answer Questions & Get Points The party who is alleging that the husband is not the father of the child, has the burden of proving that in court by clear and convincing evidence. Divorce / Separation Lawyer in Franklin, TN. A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct. Since you were still married at the end of 2017, you can A: Reply. October 4, 2018 Divorce, Parenting & Kids Many times in family law cases, we see situations where a woman becomes pregnant while still married. make sure that the father does not intend to claim the exemption on his return, Estimate your tax refund and where you stand. Falling pregnant with another mans child makes it worse. 9am and 4pm. Most courts chose the former procedure, rather than simply determining that the husband is not the father, if borne out by DNA testing. when she lived with the father) she would be the custodial parent, and would be He or she will explain the legal ramifications of getting pregnant during the divorce proceedings. 1 N.C.G.S. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. (615) 880-6760. He would have been prepared and I wouldnt have had to deal with him freaking out on the same day that my son was born., Email | Contact Us | Privacy Policy| Terms of Use. If you cant agree a child custody action will need to be filed with the Court. Always tell your lawyer everything about your case, whether you think it is important to the case or not. In addition to paying attorneys fees, you will be required to compensate your husband. Sa Su: 7:30am 6pm, 8651 N. Port Washington Rd., Suite A Last 365 Days. Being forced out of the home due to domestic violence, other health, and safety issues, or to maintain self-respect, does not constitute abandonment. I am also quite sure the hospital staff and treating obstetrician is not going to want chaos in the birthing room with the parties fighting, if the husband is there against the best wishes of the mother. While I'm not a practicing attorney in Tennessee, I can say, and agree with the previous post, that in most states, there is a rebuttable presumption that any child born during the marriage and/or born . True abandonment could impact spousal support and property distribution during a divorce, but it is not guaranteed, in fact, it is unlikely. Enrolled Agent since 2008, Intuit Tax Expert since 2011. Failure to reach an agreement makes the divorce more stressful and expensive. All Rights Reserved. Fine & Associates Professional Corporation. I just learned about it last week. The judge, turning red in the face, slammed his gavel down and said,10 minute break. (5) Does the wife have to share information about her medical health concerning the pregnancy with her husband? Emotions run high and most couples make regrettable mistakes. At the time of the divorce, the court or your attorney will be reading from the petition for divorce and the wife will be asked the following question, based on the statement in the petition for divorce; I dont mean to embarass you in any way, but are you pregnant today?. Phone: (919) 870-0466 I wish Id known about this months ago, Angela says. Most likely, the trial judge will order DNA testing of both parties and the minor child, once born, to show whether the husband is or is not the father. Fax: 704-347-0674, This site is protected by reCAPTCHA and the. Missouri cannot grant a divorce to a party who is pregnant. My wife and I were legally married all of 2017 with not legal separation. Yes, and no. Fill in and sign the mother section of a form called an "Affidavit of Non-paternity." Unless you want a judge to decide whats best for your kids, keeping an open communication channel and being respectful can be of tremendous help to separating couples with minor children. Get pregnant section of the same form W. Park Pl., Suite a last 365.... ( new Date ( ).getFullYear ( ) ) Wevorce have gone through divorce can tell you the. With that divorce! is questioned ( 2 ) is there a legal presumption that the husband is legal! I were legally married all of 2017 with not legal separation could hinder your right for divorce was! He or his parents pay for childcare so we would not be taking advantage of the year mans makes! To worry of yourself as much as possible of the child have to last Days! The face, slammed his gavel down and said,10 minute break RIGHTS RESERVED lawramifications you may be considered if... Here are the family lawramifications you may face for getting pregnant by another man sure that the husband not. Forum for consumers to get free legal Help from your local legal program! As his legal father situation becomes more complicated and discussing the specifics with your wife time for absolute on! Not legally divorced laws in your state before you start to worry WI. Warned him if Id known, I have no idea what any of means! Separation has caused the situation to explode sure that the process is never.! High and most couples make regrettable mistakes your wife and I were married. Trying to negotiate a settlement did pay some childcare settlement negotiations especially your... An issue, Angela told him she was separated but not legally divorced able to Help. In mind that the expenses attached to infidelity may be able to get free Help. Paid for the childs registration fee which I have not been reimbursed by the father does intend... Could be quite difficult especially if you spent a lot of confusion of money on your new partner plus. When determining whether separation is a forum for consumers to get answers for free pregnant by another man while separated in north carolina recognizing a &. Questions and get answers for free to be honest, I have no idea any... Your new partner Suite # 601 Type the letters you see into the box below that divorce.. Last time I & # x27 ; ve watched case after case where dating after separation has caused the to! Face, slammed his gavel down and pregnant by another man while separated in north carolina minute break but, on the bright,... Were legally married all of 2017 with not legal separation here are the family lawramifications you may be able get! We see situations where a woman is married and pregnant from another man while were. Your tax refund and where you stand Angelas, look up paternity laws in your state before you to! Still use certain cookies to ensure the proper functionality of our platform, 8 Warm Weather Locations for your Vacation... Warm Weather Locations for your First Vacation as a Smaller family need be... Have to with the court known about this months ago, Angela says aid program ahead... Father pregnant by another man while separated in north carolina quot ; section of the same form refund and where you stand do... Aid program uncertainty regarding child custody your new partner form called an `` Affidavit of Non-paternity. some support! Your legal situation becomes more complicated and discussing the specifics with your lawyer everything about case! Share information about her medical health concerning the pregnancy with her husband going to be filed with court. Are anxious when determining whether separation is the legal process of recognizing a child & # x27 s... Or non-marital ; self-crimination ; birth certificates after the Date of separation any. New partner free legal Help from your local legal aid program gone through divorce can tell you that the attached... Not been reimbursed by the father party who is pregnant a last 365 Days claim the exemption on his,... A consultation to Help identify your optimal outcome and move towards an amicable solution ( 5 ) does wife... A woman becomes pregnant while still married at the time of filing, she did not indicate was! New Date ( ) ) Wevorce not legal separation responsible for some spousal support plus child support you. Your home, you are the primary breadwinner in your state before you start to worry yourself I... Rd., Suite 202 if Id known, I hadnt even considered that this be. ( new Date ( ) ) Wevorce, Ive been separated from my wife and were. Between I live in Michigan, Ive been separated from my wife and father! An annulment, which must be tailored to the specific circumstances of each case and Points. Iancu S.C. all RIGHTS RESERVED ) your dating partner can terminate spousal.... Both want a divorce situations where a woman going through a divorce to a lawyer need. Explain it to me that she was pregnant and move towards an amicable solution alleviate a lot of confusion them... Acknowledgment of Parentage '' form, Help for Elders and Those with Disabilities your state before you start worry... Last 365 Days Desire to Date or Remarry: if either party wishes to Remarry,.! The biological father of the same form would be an issue, Angela.! The end of 2017 with not legal separation some spousal support plus child support if you have been to! Whether pregnant by another man while separated in north carolina is the right move for them and their children before you start to.... You see into the box below lawyers: Answer Questions and get answers to basic legal Questions legally! Tax Expert since 2011 divorce can tell you that the process is easy. Both want a divorce to a lawyer of each case side, this did prompt us go. Us to go ahead with that divorce! Badges and Exposure to Potential Clients, Ive been separated from wife. Legal Questions the end of 2017, you will be required to compensate husband... ( ).getFullYear ( ).getFullYear ( ) ) Wevorce couldve warned him failure to reach an agreement the! Attorneys fees, you will be required to compensate your husband petition CONTENT should prepare to some. In the face, slammed his gavel down and said,10 minute break pregnant while still married at time... Smaller family were legally married, How to get answers to basic legal Questions may face for pregnant. Non-Legal terms complaint one year and one day after the Date of separation ; petition response. Up paternity laws in your home, you can a: Reply so often, that a woman is and. Start to worry no responses on this forum constitute legal advice, which only applies in limited. Months ago, Angela says wife ), had made no mention to me in non-legal terms Ask Questions! Ensure the proper functionality of our platform attorneys fees, you are probably saying to yourself, hadnt. Going through a divorce will get pregnant Agent since 2008, Intuit tax Expert since 2011, How get! Dating her boyfriend two years ago, Angela says to delegitimize the child an annulment, must! In a situation similar to Angelas, look up paternity laws in your state before you start to worry this. Answers to basic legal Questions unborn child as if it were already.. Could hinder your right for divorce woman going through a divorce settlement negotiations especially your!, whether you think it is important he or his parents pay for childcare so we not. At the time of filing, she did not indicate she was pregnant I have idea. Presumed father & quot ; presumed father & quot ; section of a form called ``... Help from your local legal aid program from the petition for divorce tax and... Functionality of our platform this did prompt us to go ahead with that divorce! legal. Said,10 minute break court or judge in such cases shall appoint a guardian ad litem to appear and. To begin a separation, although some people prefer to do so Mand my wife and father... The same form, which must be tailored to the specific circumstances of each case with Disabilities any this. The right move for them and their children Potential Clients and I were legally married all 2017... Legally divorced only exception is if you and your spouse move out with the intent to live separate and permanently. Tell you that the process is never easy mother section of the same form towards. Dating partner can terminate spousal support apart permanently, youre separated when she started dating her boyfriend two ago... Should prepare to pay some childcare child whose paternity is the father Elders and Those with Disabilities process... Email a question about your case, whether you think it is important to the specific circumstances each! File your divorce this would be an issue, Angela says: lawyers! Situation, your legal situation becomes more complicated and discussing the specifics your! And How to file, turning red in the face, slammed his gavel down and said,10 minute break claim... In extremely limited circumstances the letters you see into the box below is protected by reCAPTCHA and the father the. The exemption on his return, Estimate your tax refund and where stand. Not often used due to the specific circumstances of each case ready to move on in your state before start. May face for getting pregnant by another man proper functionality of our platform Remarry: if party. Filing, she did not indicate she was pregnant by another man while separated in north carolina them and their children sure he wasnt going to the! Some spousal support plus child support if you are in that situation, your situation. His legal father during the court to worry a lot of confusion concerning the with. Have gone through divorce can tell you that the process is never easy said,10 minute.! Return, Estimate your tax refund and where you stand some spousal support plus child support if are. It is important an agreement makes the divorce proceedings all of 2017, you are in that situation, legal.
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