Legal Question in Family Law in Colorado
Ex Boyfriend won't pay
Hello. My wife and her ex boyfriend have a 13 year old boy together. A few weeks ago we verbally agreed to split the airfare for him to fly down to our house for spring break. The original agreement was that her ex would send his half of the arifare when his son came to see us. Long story short, it still hasn't shown up in the mail like he said he'd do and I'm tired of the lies. Do I have a prayer in small claims court of getting my money? I've loaned him money before but we've always taken it out of my wifes child support. Right now, we can't do that because she fell behind when we moved and now the state takes it directly out of his paycheck. I appreciate your time.
1 Answer from Attorneys
Re: Ex Boyfriend won't pay
The appropriate place to pursue it is not in small claims court. The appropriate place to pursue it is for your wife to file a motion in the Court where the case is lodged.
If her orders currently require him to pay 1/2 (or some portion) of the transportation costs, then she needs to ask that he be ordered to pay it or show the court why he should not be held in contempt.
If her orders do not currently require him to pay 1/2 (or some portion) of the transportation costs, then she needs to ask the court to modify the orders so that they do.
In that case, you could try small claims court, but your odds might be less than 50/50 since it was purely a verbal agreement. Verbal agreements are as good as any other, but you have to prove there was an agreement and you have to prove the terms of the agreement. Since that is often difficult, verbal agreements are hard to enforce in court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
