Child Support - Verbal Agreement in NY
I need to know if anyone out there knows of a case in New York State Appellate Division, 4th Department or New York State Court of Appeals where the Father “won” a child support in arrears case. I am aware that you need to know the specifics, so here they are. A friend of mine has a child, 14 years old. His ex (never married) took him to court stating that he owed her over $18,000.00 and only paid $2,500.00. He has shown all of his documentation, cancelled checks, and hand written receipts to the court. After giving all of his documentation to his ex, (she had nothing – was not asked to show how she came up with her numbers) what the court told him to do, they still had to go page by page with her. Now she agrees with these payments. BUT – this is where the problem comes in. Back in Dec. 2005, my friend helped his ex move into a house, He helped paint the inside it and actually moved their stuff into the house. He borrowed his ex’s van and unfortunately, got into an accident with it. (My friend no longer lives in NY, he lives out of state.) He received a van from his sister as a gift. For Christmas 2005. D/T the unfortunate accident, he decided to help his ex. The value of her van was approx $1,000.00. The value of the new van is approx $4,500.00. My friend and his ex had a verbal agreement, he would have his sister drive the van to NY to his ex. The verbal agreement stated that the current van is worth $4,500, less the $1,000 the value of the old van, less $2,500 towards child support arrears - (bringing him current.) (he was in arrears D/T a bad car accident he was in) less $1,000 as a gift for having the accident with her (the ex’s) van. He did speak to an Attorney in his state that told him a verbal agreement is OK and she did accept the van. My friend also wrote up the agreement, but – surprise - his ex never signed and returned it to him. (that is why he checked with an attorney first) In January 2006, his sister drove the van over 1500 miles, he could not expect his sister to drive it back. She was doing him a favor at the time, and he had the agreement. Being that they are in two different states, and he has a witness, he did speak to an attorney, his ex did receive the van and drove if for 2 years, received a $2200.00 trade in value, he did do what he believed at the time to be correct and fair, he is now being told that she did not sign a piece of paper and might not be allowed to come off the child support as verbally agreed between her and him-it may be considered a "gift". The major problem that we are finding out is that Fathers are not told what they can and can’t do. We have looked on line and it really does not state that they can not make agreements like that. He understands that you can not take “gifts” off child support (Christmas. Birthday etc) He understands that he can not pay utility bills for his ex and take that off child support. Being that his original court date was back in 2000, things have changed. He has never taken anything else off support; he has signed receipts and proof of everything except this agreement is not signed. His major problem is that if they deny this vehicle, not only will he owe $2500 more on his support, he will be out the money he could have gotten for the van if he would have sold it out right, he will have to re-pay his ex all that money (she also received $2200 at the trade in remember) plus interest. This will go on his credit report and also the chance of his license being taken away when he thought he was doing the right thing. He has already shown the lack of credibility in his ex in court. “everything” she has accused him of he has documentation showing her to be wrong. This has to mean something. We need a similar case in NY where the Father won. Anything that anyone can do would be greatly appreciated. He has to go back to court in less than 2 weeks. If we can find "one" similar case in NY we have a chance. He has done everything else correct.. Thanks!
