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

Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this is official? And since he isn’t he won’t own me back child support, right ? Also I don’t have a lawyer, my husband does . I just know what I got sent in the separation agreement.

3 Lawyer Answers
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Schenectady, NY
  • Licensed in New York

A: The asker should question her attorney about the meaning of the language of her stipulation of settlement. We do not know all of its contents.

It appears the other party is paying some unknown amount until the signing of the stipulation triggers an obligation to pay $2,600 each month going forward. We do not know of any interim orders or agreements, so we cannot answer hat comes before.

We also do not know the details of whether an arrearage is taking place going back to the filing of the divorce complaint, or whether arrearage is waived by the asker in her stipulation of settlement. That language is not presented here, and therefore the asker must ask her attorney.

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Buffalo, NY
  • Licensed in New York

A: The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: The agreement is executed when you both sign it. Therefore payment begins the first day of the first month after it was signed

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