The title company held 50% of the funds in escrow while the former wife filed a motion to enforce and for contempt seeking payment of past-due child support, release of the escrow funds to her, and a portion of the profits from the former husband’s business to fund the parties’ son’s trust. The former husband sold property in 2018, a portion of the proceeds of which was required to be placed into trust for the benefit of the parties’ child in accordance with their settlement agreement. The agreement also contained a clause which stated any modification of the agreement had to be in writing and signed by the parties with the same formalities, and that the failure of either party to insist on strict performance of the terms of the contract was not a waiver of the terms. The agreement obligated the former husband to pay $500 per month in child support until the parties’ son turned 18, and required the former husband to fund a trust account for the purpose of paying for the child’s college education. In 1989 the parties were divorced by final judgment which ratified a property settlement agreement reached between them. 3d DCA May 12, 2021), the court considered a case in which a mother waited until the parties’ child was 40 years old to enforce past-due child support arrears. ![]() There is generally no time limit on when a party can bring an action to enforce past-due child support, but the other party might be able to raise the defense of laches. ![]() ![]() Posted by Nydia Streets of Streets Law in Florida Child SupportĪn agreement regarding child support will normally be enforced between the parties.
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