Legal Question in Family Law in Nevada
My ex girlfriend and I have a son who is not 5 years old. When he was 1, we enter a verbal agreement for child support in which I was to pay her $500 a month. After 7 months into this agreement, she told me I did more than enough to be paying child support, ending my child support obligation. Her reasons: I had my son 70% percent of the time, paid for his school and child care, as well as paid some of her credit card bills ($15,000). Now she is desperate for money and revenge and filed for back child support with the court in Nevada which can go back 4 years. Does our agreement for $500 a month child support and her verbal agreement to end my child support obligation have any bearing in Family Court cases and can it be enforced?
3 Answers from Attorneys
If you have the child 70% of the time, and can prove it, you have de facto primary custody an she should be paying your child's support to you. Parents can't really contract around child support, and oral agreements (if offered to prove waiver) are as good as the paper they are written on. You need to establish your paternity as well as your primary custodian rights and pursue her for fours years back child support.
While I do not wish to quibble with Anthony, who I think has we expressed his firm grip on the practicalities of such a situation, we have had some good experiences with oral agreements, when substantiated by conforming behavior (as you indicate happened here), and in the absence of an order to the contrary, I think your side of the argument is likely to prevail on arrears issues. So, yes, a verbal agreement can have "a bearing" in family court -- when it can be proven. But as Anthony said, your best bet is to establish the reality of de facto child custody. See http://www.willicklawgroup.com/child_custody_visitation.
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