What to do if my husband has not paid child care costs as agreed?

About 2 years ago, my now ex-husband and I signed and filed a separation agreement. In that agreement it was agreed that each of us would pay 1/2 of child care costs related to our jobs. This was in effect until 7 months ago when that portion of the agreement was amended. My ex has and continues to refuse to pay for daycare/ for a period of 9 months (ending at the time of the amendment). What actions would be supported legally for recovery of this money and what court would hear this if it comes to that?

Asked on September 5, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your agreements are considered contracts under the law and so all your actions against your husband would be based upon contract law in your state.  You would sue for breach or enforcement of the terms.  In a divorce the agreements terms are incorporated in to the court's order so contempt is another avenue to pursue.  Not so here.  Good luck.


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