Rensselaer, NY asked in Child Support and Family Law for New York

Q: Does my husband have to pay back child support?

We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to court for child support will he have to pay back from December? Or no bc it was only filed threw the county clerk and noterized

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1 Lawyer Answer
Marco Caviglia
Marco Caviglia
  • Lagrangeville, NY
  • Licensed in New York

A: A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

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