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Can I enforce a verbal savings agreement?

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C

CooperJ

Guest
Hi - I'm a divorced father of a little girl (9).

When I divorced my wife, (2000), we'd agreed to set up a joint savings account for her education - this was not ORDERED, but was a verbal agreement (backed up by email). See, they used to order a secondary education fund, but changed the laws around the time we divorced.

Based on that, we agreed that we would set up a joint account betwen my ex, my daughter and myself. She would make a monthly deposit of $20, and I would make a monthly deposit of considerably more (based on our percentages of monthly income.

About a year ago, my ex started to "borrow" money from this account...paying it back within a month or so. Then, about 6 months ago, my ex withdrew all the funds and stopped contributing her $20/month. She refuses to "pay" the account back - I even offered "an additional $5/month" (total:$25)".

In the mean time, I stopped contributing to that account - but started another account to hold the funds in the interim.

I would like to see my daughters savings returned, including the "deposits" she has missed, and that she be forced to continue contributing as agreed. God, she should pay her daughter back - WITH interest, and make up for the months she missed!

I'm sure the "case" would be easily proved via bank statements (established history and withdrawal), email-messages outlining the agreement, and even testimony.

My ex's claim is that she doesn't have the money ($20-25/month??!?!?). I pay her child support, but feel I cannot just decide to "garnish" that...

I'm not sure if this is a family law issue, or a small-claims issue, or? How should I proceed? Can anyone help?

Thanks!
 


G

Grandma B

Guest
As a post project process, we used to perform an exercise called "Lessons Learned". You learned a couple of valuable things:

1. Verbal agreements mean zilch
2. Your ex is a thief and can't be trusted

Chalk it up to experience and don't give her another chance to take you.
 

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