My STBX signed a seperation agreement in Feb 09 and in it we agreed to $600 per month in child support. Since the agreement has been signed I have only received $200 (and he currently owes $2,200 in back support). He says he does not have the money to pay and is not working alot, but I don’t believe him because he is a habitual liar. I spoke to my attorney who said I could either take him to court now for Breach on Contract which would cost about $3,500, go through Child Support Enforcement or wait until the seperation agreement is incorporated into the divorce decree. I spoke to Child Support Enforcement and because the Seperation agreement was considered a private agreement it is not enforcable and they will recalculate support based on our current incomes. I am concerned that he is hiding income and working for cash, in which case the amount of child support he would be required to pay would be less. If I wait until the divorce if final and file a contempt of court action against him he will owe close to $7,000 and I am not sure if I will get that money either. I am really frustrated that he is still entitled to visitation, but does not provide any support towards our child. I am just a regular single mom who lives paycheck to paycheck, but I am not sure what is the most economical and benefical choice for my child. Please provide me with your suggestion in this case.
It sounds like you have a spouse that is not meeting his obligations. The best course of action I recommend is going through Child Support Enforcement, especially if you don’t have the money to hire an attorney. Even though you may have to wait longer, they will investigate his income and take care of ongoing enforcement in the event of non-payment. They will most likely have payments sent through Collections, which will provide you with a method of documenting future payments from your ex.