Q: Can I take my kids dad to child support court for not paying the agreement we had notarized only?
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
A: An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.
A: Unfortunately, Family Court will probably not take the case at this time as it is part of the ongoing divorce. However, any arrers owed per your agreement can be enforced when the divorce is done.
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