Legal Question in Civil Litigation in Texas
Breach of Verbal Agreement plus no child support
I just got married on Saturday and my wife has a few problems with her Ex-husband. They had a verbal agreement that she would pay off a loan that they had taken out from her parents if he paid child support. Her parents were fully aware of that, and I also was a witness to the agreement. Her ex has not lived up to his part of the deal and hasn't paid child support in months but yet my wife has had to pay the loan. Since this guy breached the agreement what are my options? Can we sue him for a new deal? Can we sue him for back child-support and the loan payment? Who pays our attorney fees? How long would this case take in terms of days in Court? He owes about $2,240.00 in back child support. Thanks in advance!
2 Answers from Attorneys
Re: Breach of Verbal Agreement plus no child support
The judge would likely order that the ex-husband pay attorney's fees (although you would be responsible as between you and your attorney) and that he of course pay the back support. If he failed to do either, that would be enforceable by contempt, which could include jail time.
Re: Breach of Verbal Agreement plus no child support
You pay your attorneys fees. You can ask the judge to require the X to pay the fees, and failure to do so would probably be contempt. But, that would take more time and more attorneys fees. You can contact the AG's office about taking him to court for failure to pay child support, but no telling how long it would take.