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When do custody agreements and child support agreements become enforceable?

Boise, ID |

I'm hearing that agreement is enforced as soon as party is served but logic tells me enforcement would begin with divorce is final

Attorney Answers 1

Posted

Every case has it's own set of facts and this is a rather generic question. Without further facts it is unclear what the context is for the information you are seeking. The applicable legal rules, both substantive and procedural, rather than " logic" will control the answer. I would urge you to confer with a family law practitioner who can review your facts and provide an answer that is tailored to your situation.

When a dissolution is finalized the court will enter a final judgment based on findings of fact and conclusions of law which, among other issues, addresses child support and child custody matters. This becomes binding on both parties.

However, prior to finalization of the divorce, one or the other or, both parties, may petition the court for temporary orders on child custody and child support matters. These orders remain in effect and are binding on both parties until such time that a final judgment is rendered.

The parties can also stipulate to child custody and/or child support provisions ( child support is set pursuant to mandatory guidelines) and the court can approve an order which becomes binding on both parties either pending the final divorce or, as a part of the final decree.

Again, it would be best to consult with an attorney because every case is somewhat different.

This answer is provided as a mere courtesy and is not intended to provide legal advise but rather a general roadmap which may assist in deterring whether or not to seek legal advise from a law office in your locale.. In some cases the answers may not be jurisdiction specific. In no event, is an attorney-client relationship formed by providing answers to posted questions.

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