My ex stopped paying child support when my daughter turned 18 in Dec '08. Our separation agreement stipulates he has to pay until she graduates which will be in June '09. I rec’d advice that I should file a motion for breach of contract and our agreement allows for payment for atty fees. Would it not be more advantageous to go through DHHS to have his wages garnished (we don’t have a court order, only the separation agreement)? Is it too time consuming for DHHS? What kind of legal fees can I expect to collect 7 months of child support?
You cannot go through DHHS unless you have a court order, (or are seeking the establishment of support). Your cause of action is indeed a breach of contract action, and if your Separation Agreement provides for attorney’s fees for having to imitate an action you will be awarded a reimbursement for your legal fees as well as the 7 months of support coming due.
I can’t say for sure what your attorney’s fees would be, as different attorney’s bill at differing rates, however the suit would not be too complicated as he is clear breach of the agreement.