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child support agreement

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1madtexasmom

Junior Member
Texas

My daughter's father and I are not married. He is a former NFL player and we signed a private agreement for child support thru the attorney general's office. After we signed the agreement, the a.g.'s office dismissed the case with predjudice so I could not refile thru them. He made one payment on the private agreement and refused to pay anything else. He now says that I will have to sue him to get the rest and he will keep the case tied up in court for years. Is that possible?
He has considerable assets so I have decided to sue. However, if I get a judgement, can I have his assets frozen until he complies with the judgement? Believe me, the ONLY way he will pay is if I use extreme measures.
 


N

nicetryadmin

Guest
1madtexasmom said:
Texas

My daughter's father and I are not married. He is a former NFL player and we signed a private agreement for child support thru the attorney general's office. After we signed the agreement, the a.g.'s office dismissed the case with predjudice so I could not refile thru them. He made one payment on the private agreement and refused to pay anything else. He now says that I will have to sue him to get the rest and he will keep the case tied up in court for years. Is that possible?
Yes...as you can see, it is possible. Has paternity ever been legally established and/or an Acknowledgment of Paternity signed ( and no, I don't mean signing the birth certificate).

Since it was dismissed, he's not under a legal obligation to pay.

He has considerable assets so I have decided to sue. However, if I get a judgement, can I have his assets frozen until he complies with the judgement? Believe me, the ONLY way he will pay is if I use extreme measures.
You aren't "suing" for anything. What you need to do is file through your local CSE agency. What was your reasoning for not doing it that way? Why was it dismissed? No, his assets can not be frozen until he complies. There's nothing to comply with. Now once an order is in effect and if he defaults, then steps can be taken (drivers license suspended, etc).
 

Ohiogal

Queen Bee
nicetryadmin said:
Yes...as you can see, it is possible. Has paternity ever been legally established and/or an Acknowledgment of Paternity signed ( and no, I don't mean signing the birth certificate).

Since it was dismissed, he's not under a legal obligation to pay.

NTA you are wrong -- They signed a contract to pay child support. The contract is binding which is why the office dismissed a child support case with prejudice.

You aren't "suing" for anything. What you need to do is file through your local CSE agency. What was your reasoning for not doing it that way? Why was it dismissed? No, his assets can not be frozen until he complies. There's nothing to comply with. Now once an order is in effect and if he defaults, then steps can be taken (drivers license suspended, etc).
She is suing to enforce the terms of the private agreement. Private agreements are not the way to go necessarily unless it is filed with the court. But they can be enforced under contract law. She needs an attorney to get his assets frozen so that he cannot spend any money but for necessary expenses until this is settled in court.
 
N

nicetryadmin

Guest
Ahh...I missed the "contract" issue of it. :eek: I didn't think it would be enforceable since it was not signed by a Judge....
 

Ohiogal

Queen Bee
nicetryadmin said:
Ahh...I missed the "contract" issue of it. :eek: I didn't think it would be enforceable since it was not signed by a Judge....
Contracts are enforceable. Whether this one would be is anyone's guess because there are many factors that go into it. But she did mention the AG signed off on it and was aware of it which is why the child support was dismissed.
 

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