Question:

My ex recently served me with papers for back child support; however, we decided several years ago to lower the amount.

Unfortunately, it was through verbal agreement and I don’t have anything in writing, but I do have proof I have been paying support every month.

Will the oral agreement we made years ago be enforceable in court?

Answer:

The issue of oral agreements always comes up post-divorce.

Many parents agree to alter the terms of their agreements and never go back in to record those changes.

It’s OK in the situations where the parties remain amicable, but more often than not, it eventually becomes a serious issue.

In most marital separation agreements, there are provisions that make the agreement of the parties the full agreement and require any modifications to be in writing. This is to remind the parties that oral agreements are more often than not unenforceable.

Unfortunately, because you and your ex-wife never documented anything or went in modify the original agreement, the court may hold you to the original child support amount.

If you have proof of child support payments, however, that definitely puts your case in the right direction and will help mitigate the overall owed support.

There may also be case law in your state that could give you some relief, and perhaps there are some time limits for her to file for back support.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.