Enforcement of modification of separation agreement


#1

Please help. I filed for Child Support about 2 years ago, and had a horrible attorney. Long story short, I had to settle for an amount under the guidelines, and it was done as a modification of our separation agreement. In pertinent part, the agreement provides that I shall maintain insurance for the children aqnd he shall pay 1/2 of the premium. For the last 6 months, he has been paying me whenever he decided to pay me (on a monthly basis), and it wasnt that big of a deal b/c the insurance was taken out of my paycheck, and it was not that expensive. I have recently changed jobs, and had to purchase an individual policy for the children and I. I am now paying over $1,000 on the 1st of every month, and he is refusing to pay me his 1/2 (about $350) until the 15th of every month, 2 weeks after the bill is due. Unfortunately, b/c I had a bad attorney, our modified agreement is silent with respect to when he is to make that insurance payment. With the job and insurance, I cannot afford to float him an interest free loan for 2 to 3 weeks each month, for his half of the kids insurance. I have emailed him asking him to please pay on the 1st, explaining that is when the bill is due, and he has refused. How do I get the Courts involved to make him pay his half of the insurance, when it is due to the insurance company? Is there a way I can register the modified agreement for enforcement by the courts?

Thank you so much for your help.


#2

I would suggest calling your insurance company and switching the payment date to a better date.


#3

I would suggest calling your insurance company and switching the payment date to a better date.


#4

If the agreement is silent as to the time of the payment, he is not in breach if he is indeed making the payments. The easiest solution may be to see if you can adjust the payment due date for the insurance.