QUESTION
Will I have to go to court after filing for child support?
Asked on Jan 19th, 2018 on Child Support - Colorado
More details to this question:
My 3 kids' father isn't in their lives. We separated in 2015, and since then it's been a rollercoaster. He was abusive to them and I have basically been keeping them from him. He claims to miss them when we tried going to court for custody....and we eventually just decided to make an agreement outside of court. But I regret it. He's been claiming them for taxes......and he made me sign a paper that he got notarized AFTER I signed it, that says that he'll pay me $400 a month as long as I have the kids, and that he can claim them on taxes. I signed this just a the beginning of this year. But anyway, we fight alot, and just this month he said he refuses to give me another penny and he's just gonna give me tax money and thats it. So first of all, even with me signing that paper, is him claiming them at tax time even legal? And not only that, but the paper states that he will give me 400 a month, and he has, but just recently he's decided he doesn't want to anymore. So can I file for C S?
1 ANSWER
NA smsattorney@gmail.com
If you decide outside of court, the court will not be able to 100% enforce the agreement as it may not be recognized by the court. You will and should settle the case in court so that it becomes binding until its modified in court. This might cost you a $1,000 - $3,000 but look at the benefits it will have. It will be a court binding agreement, enforceable in all 50 states, even if you or he decides to move. You are or were agreed to get $400/month, depending on the parent income and stuff you might be able to get more or less, but you will not know until you put him on child support through the legal system. So when he defaults it, not pay, it can build up, and he will eventually have to pay up or be arrested for contempt of court and you will get the money back he does not pay that way. So investing a small amount in a lawyer you can work with to me I feel can be beneficial for you. If you have further questions, don't hesitate to contact my office. Thanks.
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Answered on Jan 22nd, 2018 at 9:13 PM