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

Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce is judge approved? No I don’t have a lawyer .

2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: Without a court order or judgment of divorce an agreement is not self enforceing. You might need to go to court with an ancillary action. You should speak to a lawyer.

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: That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be enforced. Agreements for child support stand alone and are enforceable from the date of the agreement . To enforce however you need court intervention. Absent a divorce in New York that means family court

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