will the courts take that into account when he refuses to pay and says he will wait to see the court papers? I know...a real stand-up guy, right?!
2006-10-13 04:01:40 · 11 answers · asked by sctmoran 2 in Family & Relationships ➔ Other - Family & Relationships
Don't rely on a verbal agreement! Get a contract right away! Verbal agreements are hard to prove unless you have a ton of unbiased witnesses (tough to find).
2006-10-13 04:04:42 · answer #1 · answered by willow_raevynwood 2 · 0⤊ 0⤋
You need to have everything you do in writing if you want it to stand up in court. A verbal agreement unless it is witnessed by an independent party is not valid in a court of law. This kind of agreement only turns into a he said, she said and the courts will not judge on speculation. If you want him to honor your child support agreement you need to get an attorney and get it writing, good luck.
2006-10-13 04:06:23 · answer #2 · answered by Scooter Girl 4 · 0⤊ 0⤋
Well probably depending on what state you reside in there are differnt rules, but if it was me I would try to get this on paper. I think he can get away with not paying until everything is in writing and legal. I don't think a verbal agreement is anything a court will take into consideration since it would be his word against yours.
2006-10-13 04:08:37 · answer #3 · answered by hehmommy 4 · 0⤊ 0⤋
Most states have a calculation of how a father is suppose to pay child support. If he is presently paying you without a court order keep record of how he is paying you. Otherwise, his verbal agreement means nothing in most states.
2006-10-13 04:05:39 · answer #4 · answered by The It Girl ∆☻乐 5 · 0⤊ 0⤋
If it went to court they will disregard it. They will also disregard any payments he has made to you unless he has proof of those payments and what they are for. They will make the child support retroactive to the time of the separation minus any proven child support payments.
The easiest thing I've found is to take it to court or to your local child support bureau. If you have an agreed amount you can state that and they'll go by it. Or they will figure it out based on your incomes. And I'd get it garnished so if he tries to flee the area and get out of it or whatever they will trace every job he has by his social security number and get the money to you.
I learned the hard way...dont trust anyone!!!
2006-10-13 04:14:25 · answer #5 · answered by The Steele's 3 · 0⤊ 0⤋
verbal agreement isn't worth dog poo. You will have to haul his butt into court although with that kind of attitude you're probably going to have to fight every step of the way. Maybe you should file for spousal support too since he's making you take him to court anyway.
2006-10-13 04:13:10 · answer #6 · answered by oldmomma 3 · 0⤊ 0⤋
please. i went through the same thing. verbal agreements are garbage. get all the info u can about your income and expenses, call support enforcement, and just tell them u want to take him to court for child support. they will serve him papers, and he will have to bring in his info, they have guidlines the judge will tell him what he owes you. that, a portion of medical and childcare. if at that point he still doesnt pay, you can get his wages garnished. unfortunately, you have to be very proactive. dont be lenient at all. do what you gotta do, for you and your kid. good luck!!!
2006-10-13 04:05:30 · answer #7 · answered by yankeesarethechamps 2 · 0⤊ 0⤋
No. Get it in writing. EVERYTHING must be in writing. No, the courts will not take anything into account unless it is in writing. For your sake get everything and anything you can in writing. Including visitation, expenses he is paying, everything. It will clear up any confusion and any he said, she said.
2006-10-13 04:07:55 · answer #8 · answered by Fuzzy 3 · 0⤊ 0⤋
VERBAL AGREEMENTS ARE VOID UNLESS YOU FILE IT IN COURT. EACH STATE HAS ITS OWN METHOD OF CALCULATING A SUPPORT ORDER.
2006-10-13 04:22:25 · answer #9 · answered by nwnativeprincess 6 · 0⤊ 0⤋
No...it MUST be written and approved by the court. Good Luck.
2006-10-13 04:05:09 · answer #10 · answered by Studmuffin 3 · 0⤊ 0⤋