If my husband and i decide on child support through our separation agreement, what happens if he doesnt pay?
2007-10-02 05:37:09 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It's going to depend on your state. You do need to make sure that the separation agreement is executed properly and if he doesn't pay then the Court's will most likely hold him accountable. It has to be a fair amount especially if you want a Judge to sign an order for the same when your divorce becomes final. Where I live we have had people do this and later the husband argues why he didn't pay and it was found that the agreement did not follow the "letter of the law", they were still made to pay child support but the guidelines for our state were used.
If you want to do your own separation agreement you really need to have an attorney review it to avoid this type of problem (it would be cheaper now to pay an attorney to prepare it than to fix it). There are a lot of attorneys that may say no to "just reviewing" it but there are some that will for a small fee.
To make sure your getting and he's paying a reasonable amount for child support you need to look up the guidelines for your state also.
Good Luck!
2007-10-02 06:05:54 · answer #1 · answered by Georgia Peach 4 · 0⤊ 0⤋
If he does not pay it is the same as if he did not pay and it was in a divorce decree or court order.
You would have to contact your lawyer and file a Petition for Citation of Contempt against him. It will go to court and then between the lawyers they will decide whether the judge will hear it or if it will go to the "other side"- which is another term for mediation. Then it will go from there- chances are he will pay up because if you two can't come to an agreement on it then he is facing criminal contempt charges.
2007-10-02 06:36:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If hit hits "x" amount of dollars or higher, they issue a warrant for his arrest... in most cases. You really should contact a lawyer and educate yourself on all of the what ifs. All I can say is hope he takes care of his kids, but don't count on it. Get a good job so you can take care of everything, then if he pays, you can really take care of your kids, rather than just the bare necessities. Good luck to you!
2007-10-02 05:45:29 · answer #3 · answered by Beatngu 6 · 0⤊ 0⤋
If the separation agreement has been properly executed, you can use it as you would a court order to take him to family court to collect. I think. (I'm not a lawyer... always good to ask one, or call your family court to ask)
2007-10-02 05:41:28 · answer #4 · answered by Singinganddancing 6 · 0⤊ 0⤋
if no legal contract is filed with the court, nothing. nothing at all. if you think he will pay, fine. get an attorney if you want it done right
2007-10-02 06:19:50 · answer #5 · answered by poodle mom 6 · 0⤊ 0⤋
He can go to jail
2007-10-02 07:01:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
YOU call CSR and have them go after him.
2007-10-02 09:57:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋