Confused about Child Support


#1

My husband and ex-wife have a seperation agreement that addresses custody, support and care of the children. Even though they are divorced, is there seperation agreement still enforceable? If so, I was informed by a mediator at the courthouse, that if a court order was established regarding custody, it would override any previous agreements addressing custody, including the one in their seperation agreement.

Now I am wondering does that also apply to child support? In there speration agreement, my husband (without any legal advice or really thinking it through) had agreed to a certain amount of support, to provide health insurance, to cover 50% of medical expenses (including co-pays) and a sum of money at the begginning of the school year for school clothes and supplies.

Since signing this seperation agreement, the ex-wife decided to take us to Child Support and try to get more. Child Support established an court order for us to pay a certain amount plus provide health insurance. Are we still obligated to pay the 50% of medical expenses and extra sum of money at the begginning of the school year becuase it is in the seperation agreement? I would think that the order established by the court would override any pre-existing agreement regarding all financial support of the children.

Thank You!


#2

A separation agreement is always enforceable as between the parties thereto, however with respect to child support and child custody, those issues are always subject to change and therefore any subsequent court order regarding those issues would override the Separation Agreement. Your husband need only pay what the court ordered, not what is outlined in the previous agreement.