verbal agreements...

[burned2008]

What is the name of your state? TN

I would like to know if my ex-wife has a case. In October of 1991, my ex and I divorced. We agreed she would keep all assets instead of me paying child support; however, she went to court with an attorney and got child support and all the assets. (I did not go to court) When I talked to her about this she said it was what her attorney told her to do and she wasn't going to make me pay any child support.

She has brought up child support 3 times in the last 17 years. She only brings this up when she gets mad about something and then drops it an apologizes. Well, the third time she brought this up was in April 2008 and I want this resolved! Our son died in August 2005. The child support awarded her was $400 per month. She had primary custody but my son lived with me 5 of the 11 years he was a minor. I helped her with bills when she needed help and, of course, we split the cost of our son's funeral.

I know I will have to get an attorney (which I didn't want to do but I want this to end). What advise do you have in this case? Will it matter that we had an agreement and that she told me I didn't have to pay the child support? Will it matter that my son lived with me all those years? Can I sue her for half our assets at the time of the divorce? (Or at least half the house's value?) Thank you in advance...

 

[burned2008]

I moved this comment to child support forum - sorry about that...

 

[LdiJ]

What is the name of your state? TN

I would like to know if my ex-wife has a case. In October of 1991, my ex and I divorced. We agreed she would keep all assets instead of me paying child support; however, she went to court with an attorney and got child support and all the assets. (I did not go to court) When I talked to her about this she said it was what her attorney told her to do and she wasn't going to make me pay any child support.

She has brought up child support 3 times in the last 17 years. She only brings this up when she gets mad about something and then drops it an apologizes. Well, the third time she brought this up was in April 2008 and I want this resolved! Our son died in August 2005. The child support awarded her was $400 per month. She had primary custody but my son lived with me 5 of the 11 years he was a minor. I helped her with bills when she needed help and, of course, we split the cost of our son's funeral.

I know I will have to get an attorney (which I didn't want to do but I want this to end). What advise do you have in this case? Will it matter that we had an agreement and that she told me I didn't have to pay the child support? Will it matter that my son lived with me all those years? Can I sue her for half our assets at the time of the divorce? (Or at least half the house's value?) Thank you in advance...

Please accept my condolences for the loss of your son.

You have no recourse at all as far as the marital assets are concerned. Simply too much time has passed. That part is a done deal.

Unfortunately, she does have recourse as far as the child support is concerned...and no, sadly, it won't matter that your son lived with you for all those years. A child support order is enforceable until its legally modified, or until some other legal event (in this case the death of your child) terminates it.

However, if she has only brought this up three times in the last 17 years, then perhaps it would be wise for you to lie low until/unless she actually files something. You do have the potential defense of "latches", which becomes stronger the longer that she doesn't file anything.

Also...forgive me if I am being nosy, or opening old wounds, but if your child died in 2005, why are you and she still in contact in 2008? That could be part of your problem. Perhaps both of you need to be moving on.