[Ashlea118]

My question is, is the following verbal agreement between my parents reputable if my mom files a small claims case against my dad?

Last year, my dad owed my mom $3600 in back child support from before my 2 sisters and I turned 18, or were out of school. He's paid on it since then and now it's down to $2600 as of January of this year. In August of last year, my dad and his wife offered to pay my mom $2000 outright to settle it and be done with it. My mom counter-offered with $2500 to which they never responded. At the beginning of December of last year, my mom offered them a deal. She told him that if he bought my youngest sister a car to the amount of $1200 and spent $400 on my other sister and I for Christmas (he hasn't bought us a Christmas or birthday present for at least 5 or 6 years) that they could settle on that amount. In order for the amount to be settled legally, my mom had to fill out a satisfaction form and have it approved by a judge. My step-mom controls all the finances and my dad has no access to any of their money. She said she wouldn't write a check (to me) until my mom has done her part. Note that my step-mom distrusts my mom's integrity for no reason at all. She didn't trust that if she gave up the money that my mom would hold up her end of the bargain. So my mom did what was asked of her, trying to work with my dad's schedule so that he could be there, with check in hand, when she turned the form in to the judge. Their schedules didn't work out so she took their word that it would be paid and went without him. This was almost 3 weeks ago that she did that and we still haven't received the money.

Also, they eventually settled on $1800 instead, so they would ultimately be saving $850, but I think my mom should sue them for the original amount of $2600 because, for one, that's what he owed in the first place and the satisfaction form didn't ask for the amount paid, and two, because their putting her through all this mess and I believe she's entitled to some money of her own for my dad's lack of parenting.

[twinkiedooter]

Your mother needs to take your father back before the Judge who entered the child support order. You can't file anything in small claims court for this. It must be settled in the court where it was initiated.