Legal Question in Family Law in California
verbal agreenent broken
I have full physcial custody of my son, who is 7. Our divorce papers state, "child care is reserved", because at that time my mother was watching our son free of charge. About a year and half ago my mother could no longer watch him. My ex-wife agreed to pay for half of the cost of any day care fees. She's paid half every since. Recently she said she would no longer pay her half of day care fees. I plan on taking her to small claims court to request that she at least pay half of the cost for this up coming school year which we both paid to enroll him. But my question is this; will courts uphold a verbal agreement? I have 1&1/2 years of documentation where she's paid half of all day care fees. Her reason for not wanting to pay is because she doesnt like her relationshiop with our son. He's closer to his step-mother.
Would you recomend we go to a different court to force her to pay half till he's 18 or to keep things less stressfull, go to small claims and request this one year of fees? I dont want to drag our son through family court if she tries to fight me for custody while I'm trying to get a court order for her to pay half till he's 18.
2 Answers from Attorneys
Re: verbal agreenent broken
You cannot use Small Claims. That court has no jurisdiction over this issue. You must file your motion in the family court (Superior Court). It will not be retroactive to earlier than the date you file your motion. You might consider modifying child support while your at it.
Re: verbal agreenent broken
Oral agreements are enforceable. However, in your case the ex-wife has stated that she will no longer pay one half of the cost of day care. You cannot sue her for reimbursement of the costs of child care, as both of you are equally responsible for the childs support. To collect you must get a court order that she pay one half of the child care costs. As it is you ares stuck with all of the child costs.
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