Q: In the process of divorce, my ex and I had a court order for child support through family court that he never complied with. The total he owed was $10,000. We agreed that I would accept $5000 as long as its paid in full. He is current on his weekly child support obligations yet he hasnt paid a dime towards the arrears. This was agreed on about a year ago. When should I take him back to court, and will I get the full amount owed since he never paid or will they only grant me $5000.
A: David's Answer: The answer depends on what the actual court order says. If it captured your agreement & says he only owes $5,000, then that's all you can enforce. Otherwise, you may be able to enforce the entire thing. You're best advised to bring the order - and a copy of any agreement drawn up between the two of you - into a Child Support attorney in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including divorce, separation, custody/visitation, child support and paternity matters. He’s ranked in the top 5% of NYC Metro Family Law Attorneys, and has been published in numerous periodicals. He is the author of 6 Family Law books. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website is: www.blivenlaw.net.
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