Potential law suit for unusual verbal contract

[biznis1st]

What is the name of your state (only U.S. law)? FL

Back in May, I had an incident where I got a woman pregnant and right away, let her know that I was ok w/ whatever she decided (to have it or to get an abortion) and even offered to cover the abortion costs if that's what she wanted. She requested $8400 to abort as she could potentially incur complications in addition to the fact that she is getting a bit older in age (33) and wasn't sure if this would be her final attempt at having a baby. I paid her the funds per the agreement, but she decided later that week that she wanted to have the baby. I let her know I'd be there to support and was fine w/ setting up child support and even offered to allow her to keep a portion of the funds ($240) to cover some of the medical costs leading up to the birth. She refused to return ANY of the $ and has since harrassed me via phone calls, texts and facebook messages in efforts to sabotage both my relationship and character. Can I sue her?

 

[Antigone*]

What is the name of your state (only U.S. law)? FL

Back in May, I had an incident where I got a woman pregnant and right away, let her know that I was ok w/ whatever she decided (to have it or to get an abortion) and even offered to cover the abortion costs if that's what she wanted. She requested $8400 to abort as she could potentially incur complications in addition to the fact that she is getting a bit older in age (33) and wasn't sure if this would be her final attempt at having a baby. I paid her the funds per the agreement, but she decided later that week that she wanted to have the baby. I let her know I'd be there to support and was fine w/ setting up child support and even offered to allow her to keep a portion of the funds ($240) to cover some of the medical costs leading up to the birth. She refused to return ANY of the $ and has since harrassed me via phone calls, texts and facebook messages in efforts to sabotage both my relationship and character. Can I sue her?

Sue her for what, there is no indication that the money you gave her was a loan.

Be mindful of this. This is her pregnancy, You do not have to pay for any of her medical or living expenses. In fact until you are legally declare the father of this child, you don't have a child.

 

[biznis1st]

Sue her for what, there is no indication that the money you gave her was a loan.

Be mindful of this. This is her pregnancy, You do not have to pay for any of her medical or living expenses. In fact until you are legally declare the father of this child, you don't have a child.

I wrote her a check (has her name on it) and have a copy of that. I also have several texts and a facebook msg that hints at the fact that she's aware she owes me the funds back as she didn't honor the agreement. I offered to pay the med expenses because I was just trying to extend an olive branch. But after everything she's done since then, she won't get a dime from me until the child arrives and we get a paternity test. I was thinking that because we had a conditional agreement for what she was to use the funds for, she'd have to honor that agreement or return the funds. Is that incorrect?

 

[Just Blue]

What is the name of your state (only U.S. law)? FL

Back in May, I had an incident where I got a woman pregnant and right away, let her know that I was ok w/ whatever she decided (to have it or to get an abortion) and even offered to cover the abortion costs if that's what she wanted. She requested $8400 to abort as she could potentially incur complications in addition to the fact that she is getting a bit older in age (33) and wasn't sure if this would be her final attempt at having a baby. I paid her the funds per the agreement, but she decided later that week that she wanted to have the baby. I let her know I'd be there to support and was fine w/ setting up child support and even offered to allow her to keep a portion of the funds ($240) to cover some of the medical costs leading up to the birth. She refused to return ANY of the $ and has since harrassed me via phone calls, texts and facebook messages in efforts to sabotage both my relationship and character. Can I sue her?

Based on what you posted here? Yes. You can sue her. Because you can sue anyone for any reason.

I think your question should be: "Can I win if I sue her?"

A. Probably No.

 

[Zigner]

You gave her a gift. Congrats daddy.

 

[single317dad]

As she's certainly in her first trimester, the average cost of an abortion is about $500. This can of course vary, but $8400 is not the cost of an abortion; that's the cost of a used car. You've been bamboozled, and now you're in a pickle because anything you do to irritate this woman will come back to haunt you in your personal life. If dropping $8400 was such a small deal for you that you did it without any research, then I'd suggest you cut your losses and change your contact information.

 

[tranquility]

I disagree with the others. It was not a gift. It was specifically premised on acts stated. While I don't know if it would amount to a "contract" for a number of reasons, I don't see why the OP can't disgorge the money based on the tort of misrepresentation or something.

Of course, that won't relieve him from child support through the life of the child. But, a "gift" has no strings attached by definition. This had conditions.

 

[Just Blue]

I disagree with the others. It was not a gift. It was specifically premised on acts stated. While I don't know if it would amount to a "contract" for a number of reasons, I don't see why the OP can't disgorge the money based on the tort of misrepresentation or something.

Of course, that won't relieve him from child support through the life of the child. But, a "gift" has no strings attached by definition. This had conditions.

I think that Judge Judy should decide!!

 

[LdiJ]

I disagree with the others. It was not a gift. It was specifically premised on acts stated. While I don't know if it would amount to a "contract" for a number of reasons, I don't see why the OP can't disgorge the money based on the tort of misrepresentation or something.

Of course, that won't relieve him from child support through the life of the child. But, a "gift" has no strings attached by definition. This had conditions.

I agree. Of course he has to prove those conditions...and that is where I think it could get sticky. It could be difficult to prove to a judge that he really believed that an abortion would cost 8400.00.

 

[biznis1st]

Thx LdiJ and tranquility

I agree. Of course he has to prove those conditions...and that is where I think it could get sticky. It could be difficult to prove to a judge that he really believed that an abortion would cost 8400.00.

I checked on a couple of those terms you mentioned along w/ the law of unjust enrichment and think I may have a case. I have quite a few text conversations where she mentioned returning the funds to me in exchange for certain things and also implying that she knows she owes me the funds. The facebook msg actually stated the fact that I gave her $8400 for the abortion and it was "just a test" that I failed, which again implies the condition that I gave her the $ for a specific purpose. I'm not a bad guy. I asked what she wanted, told her I'd support her decision either way and that's what SHE chose. But instead of doing the honorable thing which would involve holding up the terms of the agreement, she decided to try to take advantage. In addition to that, she's sent several crazy/manipulative texts and made some ridiculous phone calls in addition to popping up at my house in attempts to gain attention and sabotage the relationship I've recently gotten into (AFTER we stopped seeing each other). I just can't let this go. I'll look for a good attorney and see what they say once they review all of the evidence. Thx again guys!

 

[Just Blue]

I checked on a couple of those terms you mentioned along w/ the law of unjust enrichment and think I may have a case. I have quite a few text conversations where she mentioned returning the funds to me in exchange for certain things and also implying that she knows she owes me the funds. The facebook msg actually stated the fact that I gave her $8400 for the abortion and it was "just a test" that I failed, which again implies the condition that I gave her the $ for a specific purpose. I'm not a bad guy. I asked what she wanted, told her I'd support her decision either way and that's what SHE chose. But instead of doing the honorable thing which would involve holding up the terms of the agreement, she decided to try to take advantage. In addition to that, she's sent several crazy/manipulative texts and made some ridiculous phone calls in addition to popping up at my house in attempts to gain attention and sabotage the relationship I've recently gotten into (AFTER we stopped seeing each other). I just can't let this go. I'll look for a good attorney and see what they say once they review all of the evidence. Thx again guys!

I am still trying to figure out why you gave this money with no PROOF that she was preggers with YOUR child?

 

[stealth2]

Dude - you're not getting any money back. If nothing else? Since you were willing to pay for whatever she wanted to do? $500 ain't gonna cover her prenatal costs.

 

[Just Blue]

Dude - you're not getting any money back. If nothing else? Since you were willing to pay for whatever she wanted to do? $500 ain't gonna cover her prenatal costs.

Apparently OP is as careless with $$ as he is with seed.

 

[stealth2]

Apparently OP is as careless with $$ as he is with seed.

Maybe if I tell him we slept together 19 years ago, he'll help pay my kid's tuition?

 

[Just Blue]

Maybe if I tell him we slept together 19 years ago, he'll help pay my kid's tuition?

Well. Thats a thought. But the key ?? ...Is it worth it?