Legal Question in Family Law in Connecticut

Verbal Commitment from Parent to Child

When I was six months pregnant, my husband left Vermont where we were living.He vanished; taking all the money in our bank account and an automobile in my name.I went to State Welfare Dept. and they helped me financially.I moved in with my parents in CT and filed for divorce through Legal Services in CT.They advised me to waive the $1 per year and, being distraught and na�ve I asked no questions.19 years later, having problems communicating with my son, I phoned my ex-brother-in-law for advice.He said my ex-husband was in PA and I should talk to him.I did and began a relationship with him as he made promises I believed.I asked my son if he wanted to meet his dad (whom he had NO contact with for 19), he said he did.They began a relationship and his dad said he wanted to purchase a car for him.He IS in the financial position to do so.2 weeks ago he told my son he had a car for him but after trying to reach his dad for 2 weeks since, his dad has not returned any calls although we know that he is still in PA.Do I have any grounds to pursue legal action for a verbal committment after 19 years of NO support?Do I have grounds to seek financial support for college for my son?


Asked on 5/28/03, 12:07 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Verbal Commitment from Parent to Child

The answer to your question is not a simple one. First, I would need to review the divorce decree. When you say that you "waived the $1 a year," do you mean alimony? Today, that language is associated with alimony not child support. Did you get a child support order when the court entered the decree of divorce? You may want to revew the decree before answering these questions. Unfortunately, there was no obligation for college support 19 years ago. For any child support orders entered after October 1, 2002, the court must inform the parties that they have a right to petition the court for an educational support order (college) or waive that right.

As far as the verbal commitment, I do not see a remedy in the family court. However, your son may have a cause of action for breach of a verbal contract in civil court or small claims.The only problem is that he would have to show he gave up something in return for his father's promise. (This is called "consideration," and is an element that is required to prove there was a contract)

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Answered on 5/29/03, 12:56 pm


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