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collecting child support arrears without prior support orders

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lp212

Junior Member
What is the name of your state (only U.S. law)? FL

My ex and I worked with a mediator for our divorce and our settement agreement included child support and alimony that would be paid directly to me. In the agreement, it also stated that he would pay said amount or I should seek the services of child support enforcement. The amount that he agreed to pay has dwindled down to about one-fifth of the original amount agreed upon, based on his filing for bankrupcy and lots of other financial hardships based on his very bad decisions. For a long time, his family was assisting with some of these payments, but they were often late, insufficient, or entirely missed. A string of about five months of missed payments put us in a very scary situation and forced me to relocate my children crosscountry to be closer to my family. I am completely sick with myself for never going after child support through legal enforcement, but I am wondering what my options are for collecting it now.

I have filed for child support services so that I can get the amount from him that he is able to pay based on his current financial situation. However, given that I never sought enforcement in the past, can I still go after back child support payments that were never made? I don't care about alimony at all, but the child support is really owed to our children. I just don't know whether it's enforceable now?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? FL

My ex and I worked with a mediator for our divorce and our settement agreement included child support and alimony that would be paid directly to me. In the agreement, it also stated that he would pay said amount or I should seek the services of child support enforcement. The amount that he agreed to pay has dwindled down to about one-fifth of the original amount agreed upon, based on his filing for bankrupcy and lots of other financial hardships based on his very bad decisions. For a long time, his family was assisting with some of these payments, but they were often late, insufficient, or entirely missed. A string of about five months of missed payments put us in a very scary situation and forced me to relocate my children crosscountry to be closer to my family. I am completely sick with myself for never going after child support through legal enforcement, but I am wondering what my options are for collecting it now.

I have filed for child support services so that I can get the amount from him that he is able to pay based on his current financial situation. However, given that I never sought enforcement in the past, can I still go after back child support payments that were never made? I don't care about alimony at all, but the child support is really owed to our children. I just don't know whether it's enforceable now?
You actually might have a problem due to the unusual wording of your court order that required you to seek enforcement through the state.

How long have arrears been owed?
 

lp212

Junior Member
You actually might have a problem due to the unusual wording of your court order that required you to seek enforcement through the state.

How long have arrears been owed?
I may have confused my terms. There have not been any court orders, just the settlement agreement from '05 which specifies the amount we agreed would be paid. He hasn't been paying that amount for about three years and I've never taken any steps to enforce our agreement until now. Also, everything that he has paid has been by personal check. From my calculations based on what he has paid, he owes over $20,000. So I guess to answer the question, arrears have been owed since mid-2006.
 
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proud_parent

Senior Member
I may have confused my terms. There have not been any court orders, just the settlement agreement from '05 which specifies the amount we agreed would be paid. He hasn't been paying that amount for about three years and I've never taken any steps to enforce our agreement until now. Also, everything that he has paid has been by personal check. From my calculations based on what he has paid, he owes over $20,000. So I guess to answer the question, arrears have been owed since mid-2006.
OK, now I'm confused.

My understanding is that when a couple enters into a voluntary marital settlement agreement, that agreement is incorporated as part of the final judgment of dissolution of marriage. In other words, in signing the judgment, the judge orders the parties to obey the provisions of the settlement agreement.

Is this not correct?
 

Golfball

Member
OK, now I'm confused.

My understanding is that when a couple enters into a voluntary marital settlement agreement, that agreement is incorporated as part of the final judgment of dissolution of marriage. In other words, in signing the judgment, the judge orders the parties to obey the provisions of the settlement agreement.

Is this not correct?

Depends on the state. Some states do not require incorporation of a marital settlement agreement into the final decree, and in some of those states, it is more common to not incorporate it.
 

chelsi

Junior Member
What is the name of your state (only U.S. law)? FL

My ex and I worked with a mediator for our divorce and our settement agreement included child support and alimony that would be paid directly to me. In the agreement, it also stated that he would pay said amount or I should seek the services of child support enforcement. The amount that he agreed to pay has dwindled down to about one-fifth of the original amount agreed upon, based on his filing for bankrupcy and lots of other financial hardships based on his very bad decisions. For a long time, his family was assisting with some of these payments, but they were often late, insufficient, or entirely missed. A string of about five months of missed payments put us in a very scary situation and forced me to relocate my children crosscountry to be closer to my family. I am completely sick with myself for never going after child support through legal enforcement, but I am wondering what my options are for collecting it now.

I have filed for child support services so that I can get the amount from him that he is able to pay based on his current financial situation. However, given that I never sought enforcement in the past, can I still go after back child support payments that were never made? I don't care about alimony at all, but the child support is really owed to our children. I just don't know whether it's enforceable now?

You can enforce the agreement you had with your ex. The court will most likely not hold it against you that you did not enforce the agreement seeking arrears in the past. Have the child support enforcement bureau in your county help you file a petition in family court seeking arrears.

Courts in jurisdictions other than yours have held that child support is the child's right which cannot be bargained away by the custodial parent just because the custodial parent waited to enforce the right.;)
 

lp212

Junior Member
You can enforce the agreement you had with your ex. The court will most likely not hold it against you that you did not enforce the agreement seeking arrears in the past. Have the child support enforcement bureau in your county help you file a petition in family court seeking arrears.

Courts in jurisdictions other than yours have held that child support is the child's right which cannot be bargained away by the custodial parent just because the custodial parent waited to enforce the right.;)
Great, thanks so much for the reply!
 

chelsi

Junior Member
Once you open up a case with your local child support enforcement bureau, you can have them both enforce and collect the child support and all arrears. This way, they send you the money and you don't have to deal with your ex. They have many administrative tools at their disposal to both enforce and collect child support.

Also, child support enforcement bureaus work cooperatively across state lines to track down a parent who is delinquent in paying child support.

You go girl! ;)
 

Gracie3787

Senior Member
I may have confused my terms. There have not been any court orders, just the settlement agreement from '05 which specifies the amount we agreed would be paid. He hasn't been paying that amount for about three years and I've never taken any steps to enforce our agreement until now. Also, everything that he has paid has been by personal check. From my calculations based on what he has paid, he owes over $20,000. So I guess to answer the question, arrears have been owed since mid-2006.
Is it likely that your ex will hire an attorney?

If he does, you can expect that he will use the defense of laches. Basically you knew that he wasn't paying, the agreement included an obligation by you to enforce payment by getting help from the CSE, yet you waited for at least 3 to 3 1/2 years before enforcing.

It could go either way especially if he does hire an attorney, so be prepared either way.
 

divona2000

Senior Member
...A string of about five months of missed payments put us in a very scary situation and forced me to relocate my children crosscountry to be closer to my family...
What does your divorce decree say about custody/visitation?
Did you get the court's permission to move?
 

lp212

Junior Member
What does your divorce decree say about custody/visitation?
Did you get the court's permission to move?
The divorce decree says we have joint physical and legal custody, but a court modification later gave me sole physical custody based on child neglect and substance abuse charges against him. I didn't get the court's permission to move, because I was in CA and he was in FL at the time and I moved back to FL. I know ignorance is no excuse, but I really didn't know I needed to notify the court :(

Also, yes, my ex has an attorney and I really cannot afford one.
 

LdiJ

Senior Member
The divorce decree says we have joint physical and legal custody, but a court modification later gave me sole physical custody based on child neglect and substance abuse charges against him. I didn't get the court's permission to move, because I was in CA and he was in FL at the time and I moved back to FL. I know ignorance is no excuse, but I really didn't know I needed to notify the court :(

Also, yes, my ex has an attorney and I really cannot afford one.
You didn't need the court's permission to move back to the same state as dad. Don't worry about that one.

You also don't really need an attorney for CS matters if you are using the CSE to assist you with the child support issues.
 

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