Enforcing child support issues


#1

For the umpteenth time, I am to be in court again this week to fight for my children’s support. Our divorce agreement stated their dad was to pay for health/dental insurance, copays, meds, and any expenses uninsured. He has never done any of this. Why would an attorney place that in an agreement if it can’t be enforced? I find that it can not be enforced, and all the dental and medical expenses have fallen on me and have effected my credit, which hubby had ruined anyway. Not only has he not done as ordered in agreement, I have had to battle him in court practically non-stop since the day I left him for their child support. There should be a limit to this, for taxpayers money could be better spent.
I also learn now, since one son is college age, that if my attorney had stated that father was to pay support through college, then he would have to help with son? This should be a standard measure on agreements, since NC thinks children are grown ups at the age of 18, but myself, like many other mothers, had no knowledge of it whatsoever.
I’m 53 years old, haven’t worked in over 20 years for I stayed home with children as was demanded, and it all falls on me. I’m facing incredible obstacles in life as it is…and I am so weary of how women are treated like lepers whom stay home and raise their children, and all the neighbors’ children as well. There is no help for us when we’ve been discarded, and the courts do not do enough to see that children are not treated just as badly. Okay…I’m venting too much. My question is this: Have I any recourse whatsoever to make him pay for their insurance and expenses? Can I file contempt or breach of contract or something without having to pay for an attorney which I have no money for, and sort of put us in this position in the first place???


#2

If you have a separation agreement, your remedy is breach of contract. If you incorporated the agreement into your divorce decree, then your remedy is contempt of court. You can file either of those actions without the assistance of an attorney if you choose. You should file something though, or he can continue doing nothing.