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    lfsantoro's Avatar
    lfsantoro Posts: 2, Reputation: 1
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    #1

    Feb 6, 2008, 06:38 PM
    Verbal agreements
    If both parents made a verbal agreement, and then many years later one parent wants to emanciapte a child early can the other parent use that verbal agreement in court?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 6, 2008, 07:20 PM
    What was the agreement? Is there any proof of it?
    lfsantoro's Avatar
    lfsantoro Posts: 2, Reputation: 1
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    #3

    Feb 7, 2008, 06:56 AM
    The agreement was that my new husband and I would pick up the medical premium, but he would have to reimbursed me for the copays. It became such a hassle to get the money I stopped. So he hasn't given me anything for medical in 14 years. In my settlement he is to pay child support until the kids are done with college. Now he wants to emancipate the kids early, before they finish. So I was wondering if I can go and ask for the back medical, proof that he has been paying on a life insurance policy that he is suppose to have , and each of us is to contribute to same proportionate for the kids college education. He has never paid a dime for their education, my husband and I have paid the college expenses with the kids taking out a few loans.

    All I really want is for him to finish paying child support till they are done with college. He also said verbally that he wanted to help the kids while (one is law school) with the child support going since he didn't pay anything for college. Once again his word against mine.

    I have to send my motion in by the 13th and I wanted to know if I have anything to stand on, except that one of the kids is not finished with college.

    Thanks for your time and help.
    Lynn
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 7, 2008, 07:16 AM
    He can want to "emancipate" kids early, he can also want to win the lottery. Probably stands a better chance of winning the lottery.

    If your divorce/child support agreement states that he has to support the kids until they finish school, then that's what he has to do. Nothing he wants is going to change that. The courts are not going to modify such an order because he wants to.

    Now I'm not sure what motion you refer to. Has he made any motion to stop support for the kid still in school?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #5

    Feb 7, 2008, 02:54 PM
    If your asking for 14 years of medical bills then you need to check with your local laws and a lawyer. In some states your only allowed to go back so far and that's all. There is a time limit to it. Also you may be out of luck on the premium because in most cases both parents are supposed to carry the children they are obligated to so long as insurance is offered through their place of employment. Good Luck but check the laws first. No sense in spending $5,000 in court costs when your only going to recover $2,000.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 7, 2008, 04:45 PM
    Each party can try to use all sorts of evidence, but normally agreements not done though court will not be binding. And most likely they will have little effect on any request to emanicape a child. The court will see it as just a trick to try not to pay as ordered
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