FatherHusband79
Junior Member
What is the name of your state (only U.S. law)? Ohio
My ex father-inlaw is taking me to small claims court for just under $2,000 worth of "unpaid child care payments" dating from my layoff in 2008 when I had no job to even pay for the child support (which I have since paid off by paying extra every week) and for the last year of babysitting money up until July 8th, 2011. He claims we made a verbal agreement, which I never had a conversation with him regarding babysitting A, all conversations were had with my ex-wife about her father babysitting A.
I need advice on how to prepare for my day in court and what evidence I should be taking with me. How long should my statement be to defend myself? Does the plaintiff have a chance at winning this case since there was no verbal agreement made to begin with?
The story is this: I made an agreement in 2006 with a babysitter my ex-wife and I agreed on to pay $40 every other week for a babysitter up until our son (A) went to full time school. When the babysitter decided to no longer babysit A, I was told I would start paying the plaintiff, A's grandfather, $60 every other week.
I was never offered for the plaintiff to babysit our son, I was told this is what would be happening. I was not given a chance to consider what ex-wife had told me, instead, I was told that this is how it is going to be. I had to accept it because I was not given any say in the matter. This was not an oral contract with either ex-wife or plaintiff. Once I realized I had no say in the matter, I told ex-wife I would help her pay the plaintiff, for babysitting A as long as I could do so financially, I also made it very clear I would only pay for A's babysitter until he started school full time (September 2011), at which time we could re-evaluate and discuss the child care needs and arrangements.
I was no longer responsible, per the original conversation with ex-wife, for babysitting payments to plaintiff as of September 2010 but I continued to pay plaintiff to help ex-wife out as much as I could, since I knew I was not able to always pay due to my financial situation during a job layoff in 2008.
In November 2010, I was being verbally harassed for babysitting money every other week by both ex-wife and plaintiff, which is when I spoke with ex-wife and offered to take A to school on days ex-wife had to work and pick him up from school and keep him at my house until she was off work. When I was told absolutely not on taking care of him on days she had to work, I also gave the option of using a YMCA Day Care, which would bus him to and from school on ex-wife days of work since I received free child care at the YMCA. When ex-wife told me no to using a state-licensed Child Care facility instead of a babysitter, I told her I would not be paying for a babysitter anymore since A was now in full time kindergarten and also offered several different options which we could have mutually agreed upon.
I was being verbally harassed anytime I came into contact with the plaintiff, including times when I picked up A and the plaintiff found it necessary to use inappropriate language and unnecessary behaviors towards me in front of my son. I continued to tell him I would no longer be paying for babysitter and already spoke to ex-wife about it, but the verbal harassment and the phone calls continued from the plaintiff. Due to the constant harassment, in a letter dated July 8, 2011, I stated to ex-wife I was not financially responsible for babysitter payment due to this being during her parenting time, not mine, according to our divorce decree.
I paid for the babysitter anytime I had the money to do so, as I told ex-wife I would do. When I was laid off in 2008, I was unable to pay for A’s babysitter, but instead offered to take care of A while she was working since I was not working at the time. I have given ex-wife other child care solutions to use to offset the cost and to help out since I no longer have a financial responsibility to the plaintiff for babysitting his grandson, my son, A.
It is apparent that parties involved in the original discussion did not relay the specifics of the conversation onto the plaintiff, since I am being asked for past due money from when I was no longer responsible for babysitting payments or I was not financially stable enough to assist with the babysitting payments.What is the name of your state (only U.S. law)?
My ex father-inlaw is taking me to small claims court for just under $2,000 worth of "unpaid child care payments" dating from my layoff in 2008 when I had no job to even pay for the child support (which I have since paid off by paying extra every week) and for the last year of babysitting money up until July 8th, 2011. He claims we made a verbal agreement, which I never had a conversation with him regarding babysitting A, all conversations were had with my ex-wife about her father babysitting A.
I need advice on how to prepare for my day in court and what evidence I should be taking with me. How long should my statement be to defend myself? Does the plaintiff have a chance at winning this case since there was no verbal agreement made to begin with?
The story is this: I made an agreement in 2006 with a babysitter my ex-wife and I agreed on to pay $40 every other week for a babysitter up until our son (A) went to full time school. When the babysitter decided to no longer babysit A, I was told I would start paying the plaintiff, A's grandfather, $60 every other week.
I was never offered for the plaintiff to babysit our son, I was told this is what would be happening. I was not given a chance to consider what ex-wife had told me, instead, I was told that this is how it is going to be. I had to accept it because I was not given any say in the matter. This was not an oral contract with either ex-wife or plaintiff. Once I realized I had no say in the matter, I told ex-wife I would help her pay the plaintiff, for babysitting A as long as I could do so financially, I also made it very clear I would only pay for A's babysitter until he started school full time (September 2011), at which time we could re-evaluate and discuss the child care needs and arrangements.
I was no longer responsible, per the original conversation with ex-wife, for babysitting payments to plaintiff as of September 2010 but I continued to pay plaintiff to help ex-wife out as much as I could, since I knew I was not able to always pay due to my financial situation during a job layoff in 2008.
In November 2010, I was being verbally harassed for babysitting money every other week by both ex-wife and plaintiff, which is when I spoke with ex-wife and offered to take A to school on days ex-wife had to work and pick him up from school and keep him at my house until she was off work. When I was told absolutely not on taking care of him on days she had to work, I also gave the option of using a YMCA Day Care, which would bus him to and from school on ex-wife days of work since I received free child care at the YMCA. When ex-wife told me no to using a state-licensed Child Care facility instead of a babysitter, I told her I would not be paying for a babysitter anymore since A was now in full time kindergarten and also offered several different options which we could have mutually agreed upon.
I was being verbally harassed anytime I came into contact with the plaintiff, including times when I picked up A and the plaintiff found it necessary to use inappropriate language and unnecessary behaviors towards me in front of my son. I continued to tell him I would no longer be paying for babysitter and already spoke to ex-wife about it, but the verbal harassment and the phone calls continued from the plaintiff. Due to the constant harassment, in a letter dated July 8, 2011, I stated to ex-wife I was not financially responsible for babysitter payment due to this being during her parenting time, not mine, according to our divorce decree.
I paid for the babysitter anytime I had the money to do so, as I told ex-wife I would do. When I was laid off in 2008, I was unable to pay for A’s babysitter, but instead offered to take care of A while she was working since I was not working at the time. I have given ex-wife other child care solutions to use to offset the cost and to help out since I no longer have a financial responsibility to the plaintiff for babysitting his grandson, my son, A.
It is apparent that parties involved in the original discussion did not relay the specifics of the conversation onto the plaintiff, since I am being asked for past due money from when I was no longer responsible for babysitting payments or I was not financially stable enough to assist with the babysitting payments.What is the name of your state (only U.S. law)?
