Legal Question in Credit and Debt Law in New York
Collection of money owed to me by an ex-relative
I have lent my soon to be ex- son-in-law almost
$20,000.00. He has made promises to pay back this money but so far we have received nothing. He also
left his wife (our daughter) and 3 children with
no utilities in their home. Her only recourse was
to move in with us and we have been supporting them almost 9 months. I have heard there is a NYS
law saying a certain amount of board can be charged for each child. We are on a very limited
income as my husband is on disability and this has
just about financially ruined us. We have asked him for the money and he keeps saying he will pay something in a couple weeks. This has been going
on for months and I believe I have no recourse but to sue him. My only problem is there are no papers drawn up on the amount of money he owes us.
Do we still have a court case without papers on this amount?Thank you very much for your imput.
2 Answers from Attorneys
Re: Collection of money owed to me by an ex-relative
A spouse is required to support his children under NY Law. Your daughter should file a petition for support in Family Court, where the spouse is required to answer the petition with an asset disclosure and is liable to pay 25% of his gross income for the support of 2 children. If he ignores the Court order, he is subject to confinement in the county jail until he complies.
An oral contract is as binding as a written contract, if, by its terms, it is to be completed within one year. If it takes more than one year to complete the Statute of Frauds requires the contract to be in writing. Thus, if you are within the applicable time period, you can file suit in Supreme Court, and should do so before time runs out on an oral contract.
Re: Collection of money owed to me by an ex-relative
You may sue him for the note owed. His spouse can seek child support from him as part of the action for divorce.
I suggest you consult with an attorney.
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Daniel Clement
Law Offices of Daniel Clement
350 Fifth Avenue, Suite 3000
New York, New York 10118
(212) 279-6194
E-mail: [email protected]
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