Can you really sue with a verbal contract?

Question

My ex and I have shared custody of our child, and my ex claimed her on his taxes this year. When I asked him about splitting the refund he said he'd give me $700.00, but only gave me $500.00 so far. At the time he handed me the check, he said he'd give me the rest of it the next time he got paid. (2 weeks) So 3 weeks have past and I asked him if he was going to pay me the rest and he said when he felt like it. He tried to give me lame excuses like he didn't get his taxes back yet but he forgot he already told me that he did. Plus, he makes so much money that $200.00 is just pocket change to him. Me on the other hand am a single mom with 2 children and neither father pays child support. So, my question is; Since he made a verbal agreement to pay me the $200.00 can I really go to court and win? This man is slime and needs to learn he can't keep do something like this and get away with it.

Answer 1

1. yes you can, i see it on those court shows all the time, just be sure to have proof of the $500 he's paid you and how much he got back
2. what were you doing letting him claim the child if they live with you

Answer 2

Verbal contracts can be upheld just as easily as written contrats. Lying would be perjury, and a criminal offense. He has a very strong case if he decides to sue. Evidence? The work you've done so far. Obviously suing you will cost money, though. Why not ask for an upfront payment and then go from there? Having something like this on your record isn't good. And the person who said that you were underage and therefore the contract is invalid is WRONG. That's a common misconception.

Answer 3

First of all, a disclaimer. I do not practice law, and nothing in this answer or anywhere else that I write on Yahoo! Answers should be considered a legal opinion or as constituting legal advice. That having been said, verbal contracts are just as enforceable as written ones, with the notable exceptions of contracts that must be in writing pursuant to the applicable "statute of frauds." This situation doesn't sound like one of those exceptions, but suing anyone for $200.00 is seldom worth the time and trouble. However, depending on your jurisdiction, an issue involving shared custody and child support is one where you should be able to obtain quite a bit more than $200.00 from the child's father and get a court to order the child's father to pay for your attorney's fees. As such, you should absolutely, positively talk to an attorney who specializes in family law in your jurisdiction. Ask your state or local bar association for a referral.

Answer 4

you need a lawyer. this whole story suks. why is he claiming a child that does not live with him, that he pays no support for? 200 bucks is pocket change, there is a much bigger issue here. you need to sue for support from both of these deadbeats.

document everything. get yourself a notebook and keep a journal. log every phone call and keep phone company records. keep all emails. keep a log of those emails. record phone conversations. get pictures. get witnesses. if all that sounds kinda paranoid you don't know much about the legal system; start reading up on these things. and get yourself a lawyer. oh and one more thing, get a lawyer. you should have gotten 2000 or 3000 back from irs for the children.

good luck on this. call the local bar in the morning and have them recommend a lawyer.

Answer 5

Yes, but it becomes your word against his. I would talk to a lawyer and look into it. It's mostly going to be small claims court, so see if you can get a free consult or advice from a friend instead of paying an actual lawyer. If you win he'll have to pay all your court costs too.

Answer 6

If your name was on that check, you were entitled to half. If he verbally agreed, go to small claims court. I'll bet that they award you more than the $200.00 he owes you. They will probably give you interest on it too! Make sure you consult your District Attorney about getting the court fees paid too. They can advise you on whether you should include it in your case or if it is automatically included. Also, any any wages lost trying to recover it. (Such as time spent away from job to go to court.)

Go get him, girl!!!

Answer 7

You seem to have the upper hand. If you earn less money then him and have more dependents then you should have claimed the child. Take him to court. The money he owes you for claiming the child may be worth more than only $700.

Answer 8

Yes verbal agreements are entirely legal. However, because there's no proof, he can just say "I didn't agree to that!" and it's out the window. However, if his and your behavior demonstrated that there was an agreement, you might be able to prove there was a verbal agreement. But it's very tenuous and hard to prove.

Answer 9

Depending on your income if you claim custody you can get up to around 3000 extra from the government for one child and up to around 4500 for two to help you with them. Don't let him sucker you like this again. If the child lives with you you get to claim him. Some oral contracts can be enforced in court. I don't think this one can.

Answer 10

You can try but verbal contracts are extremely difficult to enforce. Because of this just as easily as you can say he is liable he can just as easily turn around and say he never agreed to it. From now on if it involves money get it in writing.