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Home > Law > Family Law   »   verbal agreements

 
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Old Jul 30, 2007, 02:19 AM
tchobbs2004
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verbal agreements

my son went to college my ex-husband and i agreed that he would buy our son a nice car to drive and my husband now and i would pay for college. now my ex-husband is making our son pay for the car (in payments) but this was not the agreement. do i have a leg to stand on or not.

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Old Jul 30, 2007, 03:20 AM   #2  
CaptainRich
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Yes, I beleive you do.

But are you going to sue him for breach of agreement? That could cost more than if you just bought the car yourself.

I think the ex is being a chump, but if your son can make the payments, that's his choise.

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Old Jul 30, 2007, 07:07 AM   #3  
LadyB
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What was the original agreement about paying for college? This is usually included in the original custody/support paperwork and would be in writing...at least all of my friends who have divorced have a clause about tuition in their support orders.

If it says he has to pay, or pay half, or whatever tell him you are going to enforce the original agreement in court unless he buys the car as you verbally agreed.

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GlindaofOz agrees: Good idea!
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Old Jul 30, 2007, 04:29 PM   #4  
s_cianci
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You do not as you were not a party to the agreement. The agreement is between your son and his father. But, since it was a verbal agreement only, I'm not sure your son has much of a leg to stand on, either. The real question becomes whether or not a (nice, new) car is a necessity for your son, like housing and tuition would be. I doubt that any court would consider that to be the case. That said, I don't anticipate any judge ordering your ex-husband to buy your son a "nice" car to drive. Small campuses are easily walkable and large campuses have shuttle buses to transport students to and from classes. Class time blocks are scheduled with enough time in between them that any student could travel from one end of the campus to the other.
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