Q: If me and the father of our child agreed to have cupport paid directly to me from him can I collect owed money not paid
We mediated and it is written in the mediation agreement that he will pay me weekly but it’s not through probation where it doesn’t come from his check. However, he has stopped paying me and only pays what he wanted before he completely stopped. Does this mean now the months he hasn’t paid won’t be considered because it wasn’t initially ordered to be taken out of his check...? Rather than me agreeing and trusting he’d pay through mediation? Also, he stopped showing up for work I believe 100% because he wants to work for cash and collect unemployment in order to pay less. Is there anyway that is taken into consideration? And if he has no income/doesn’t qualify for unemployment will the courts allow him not to pay?
A: Family Courts do not allow deliberate underemployment. If he claims he can't afford to pay his support his arrears and future payments, income will be imputed to him. Also, child support is the right of the child (not the custodial parent) and can be collected retroactively. If he continues to welch on his obligation to pay child support you should file an application for child support arrears and ask the court that he start paying directly through probation. The probation division has the enforcement capabilities necessary to ensure you collect your arrears that he continues to pay.
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