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    pissedoffinny's Avatar
    pissedoffinny Posts: 1, Reputation: 1
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    #1

    Aug 4, 2009, 03:08 AM
    Cousin changed gift to loan
    My cousin "gave " my boyfriend $1000.00 for back child support that he owed so he could stay out of jail. He ended up going to jail and while he was in there I found out that they were carrying on a relationship and he said that he was going to live with her when he got out. Well he decided to come home to his family and when she found out he was coming home she demanded that he repay the money back. There was no agreement verbally or written that this money had to be repaid at the time it was given. Can she legally change a "gift" to a "loan" just because things did not turn out the way she wanted? Also she was aware at the time that he did not have a job to repay her.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 4, 2009, 06:18 AM

    If he explains that to a Judge and she can't prove it with any written agreement I do believe that the Judge will see that she is only demanding the money back now because of spite that he didn't stay with her.

    **If and when he is able to repay her he really should because that is a lot of money and it did benefit him.
    While it is not legally binding for him to pay her back it is the right thing.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Aug 5, 2009, 12:16 PM

    She can sue him. They'll go to court; she'll say it was a loan, he'll say it was a gift. The judge will either order him to repay it or they won't.

    Stepping aside from the legality of the issue, my mind is absolutely reeling from the fact that you're okay with seeing this man after he cheated on you with your cousin.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Aug 5, 2009, 07:11 PM

    ... would feel like a real user.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 11, 2009, 12:13 PM
    Quote Originally Posted by TGOBLE View Post
    Without any agreement written or otherwise it will be a credibility issue. If you can establish child support was in fact owing at the time. However this would not be a gift it would be child support thus the person is not entitled to a refund.

    A person can not alter an agreement unilaterally and any changes must be on consent and IN WRITING. No exceptions. Basically you have to establish that (1) Child Support was Owing (2) the amount owing and (3) your boyfriend had permission to accept the money for that purpose once you have established that a judge would be difficult to rule against you.

    You are arguing that if #1 owes child support and borrows that child support from #2 this is a matter for Family Court and becomes a gift from #2 to #1?

    What Planet are you living on?

    How can you possibly keep giving this misleading, incorrect info?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Aug 11, 2009, 12:25 PM
    Quote Originally Posted by JudyKayTee View Post
    You are arguing that if #1 owes child support and borrows that child support from #2 this is a matter for Family Court and becomes a gift from #2 to #1?

    What Planet are you living on?

    How can you possibly keep giving this misleading, incorrect info?
    I believe our newest "Para-Legal" is under the assumption that the money was loaned between two people who share a child... which, of course, isn't even close to the situation we're talking about.

    I'm also loving how they told someone else that asking for advice can make a situation worse... on an advice website.

    Priceless.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Aug 11, 2009, 12:30 PM
    Quote Originally Posted by this8384 View Post
    I believe our newest "Para-Legal" is under the assumption that the money was loaned between two people who share a child...which, of course, isn't even close to the situation we're talking about.

    I'm also loving how they told someone else that asking for advice can make a situation worse.....on an advice website.

    Priceless.


    Yes, the Para-legal is making an assumption about something or else reading is not his/her strong point.

    And, yes, apparently 16 (or whatever) posts qualify someone as an expert in that person's eyes.

    And, for the record, Santa, you're doing a fine job!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #8

    Aug 11, 2009, 12:36 PM
    Quote Originally Posted by JudyKayTee View Post
    Yes, the Para-legal is making an assumption about something or else reading is not his/her strong point.

    And, yes, apparently 16 (or whatever) posts qualify someone as an expert in that person's eyes.

    And, for the record, Santa, you're doing a fine job!
    And you as well, Ms. Easter Bunny.

    Except you forgot to capitalize the "L" in Para-Legal :D

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