Can I enforce a verbal savings agreement for child of divorce??

[CooperJ]

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!

 

[I AM ALWAYS LIABLE]

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!

My response:

It is, in fact, a Small Claims issue. This is because it was a separate "gentleman's" agreement, of sorts, between you and your ex-wife.

You can easily prove the agreement and her theft of YOUR funds, and perhaps, the monthly payments to the account that she failed to make based upon a "pattern of practice." It's that pattern, if you can prove who made the deposits, that will prove whether or not you can prove up the existence of a contract.

Good luck to you.

IAAL

 

[CooperJ]

Hmmm...what else might I expect?

So if I go to small claims court, and can prove that we did have an agreement, and that she did "steal" the funds, will the court order her to repay? What about when she says she "can't afford to" pay it back? Should I have some kind of "canned" arrangement in my pocket? Or do you suppose I'd have to involve the family court and get some kind of order?

Doesn't seem like she'd have a case AT ALL, since I can prove her pattern of deposits, AND her withdrawals because it was all done electronically from her account.

Thanks very much for clearing this up!