Suit for Child Support; Unincorporated Separtion Agreement


#1

My ex-husband and I separated in June 2003. We have a signed Separation Agreement, which outlines: 1) He would execute a Quitclaim Deed for the marital property (contemporaneous with execution of Separation Agreement); and 2) He would pay $200 per week Child Support until our 2 children were 18 yrs old.

He paid Child Support until Feb 2006, then stopped - and told me that I should be making enough money to support the kids. In May 2009, he stopped exercising his visitation rights. He’s floated in & out of their lives very few times since.

He has never executed the Quitclaim Deed - but has provided numerous excuses as to why he hasn’t - been busy, mad because he wanted more items from the home, etc. I’ve asked him, repeatedly over the years, to sign the document so I could refinance the property (the interest rate is 7% due to his poor credit at the time of our making the original mortgage) and save a significant amount of money.

In Nov 2011, I received notice from the SSA that he’d been approved for SS Disability, and that our kids would receive payment in relation to same. He’d been working “under the table” for cash, and continues to do so. The SS payments do not exceed the amount he agreed to pay for Child Support.

In 2012, I attempted another refinance. I had the title search company and the mortgage company contact him to get him to sign the Quitclaim - their attempts were met with a return call from his Bankruptcy attorney. I then received multiple voice mails from him, threatening to “financially ruin” me. A few days later, I was served with papers requiring me to attend a Hearing to decide whether or not I’d committed Domestic Violence against him!! He’d made outrageous accusations (ALL LIES), and asked that the Court demand that I not be anywhere in his presence. I was able to show that he had no basis for his claims, and the Judge quickly dismissed his request for the Order…the day after, I received notice of his Bankruptcy proceedings - in which he’d included the mortgage in question as part of his “financial obligations”. I guessed that’s why he wanted me ordered to stay away from him. I did attend and testify at his Bankruptcy Hearing, and told them that he hadn’t contributed to the mortgage NOR child support in years. His filing was approved and Discharged in Bankruptcy court. An hour later, he and his current wife signed closing documents on a new house. In late 2012/early 2013, he began contacting our son without my knowledge. The result was his calling CPS and making very fraudulent reports against me - and simultaneously filing for Temp Emergency Custody - ONLY for our son. We have twins - boy / girl… But apparently, there was no “eminent danger” to her…?? After more than $8,000 in legal fees, counseling services for my daughter and I, countless hours of missed work, leaving my house and paying caregivers for my daughter (while I dealt with CPS, who closed their case against me within 90 days) and nearly two years, the “Temporary” custody was dismissed, and I was awarded Sole and Permanent Custody of both kids again.

My kids turned 18 in Feb 2016. To date, the amount he owes me in Child Support, together with accrued interest, exceeds $100k. The amount he’s cost me in missed opportunities to refinance my house exceeds $15k. He has another (4th) child, born 2012, for which he and his wife receive SS benefits. Since my kids have turned 18, he will now receive 100% of the Dependent benefits - and extra $680 per month (along with annual increases by SSA) until this child is 18.

Can I file suit against him for Breach of Contract? It’s my understanding that he would owe my the Child Support, and interest from the date due - because he signed and agreed to his liability, and never challenged the Separation Agreement.

I know that his SSDI is not protected from his obligations for Domestic Support, but am not sure how to go about getting the money he owes me. As I said, he’s currently (since Feb 2016) receiving the $680 per month that our kids were getting, so I’m sure he could spare this amount to pay his debt for being such an evil deadbeat for so many years.

I would hope that the Court would see fit to award the outstanding Child Support plus Interest, and the amounts he’s cost me by not signing the Quitclaim Deed. Then I’d like to ask for damages due to his intentional infliction of emotional distress, financial hardship and defamation.


#2

The statute of limitations for a breach of contract action is 3 years; so it sounds like filing for breach as it relates to the quit claim deed is not an option. I don’t know the specifics about the language in your agreement regarding child support, but the child support payments are revolving payments so you may be able to sue for the previous three years worth of payments. You always have the ability to file for child support as well, so long as your children are still eligible (still enrolled in school and not yet 20).