Full question:
I have legal custody of the child. Ex has vistitation and ordered to pay child support. Child gets into legal trouble. I hire attorney for child. Ex promised to pay half. Ex does not pay. Verbal promise only. Can I ask the Court to make Ex pay half of the attorney fees for his child? State of Indiana
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Indiana
Answer:
If the ex-partner's promise to pay half of the attorney fees was not part of a court order, it is considered a private oral contract. This means that if the ex fails to pay, it may be viewed as a breach of contract.
In Indiana, you might be able to file a motion to modify child support if there is a significant change in circumstances, such as the need for legal representation due to the child's legal troubles. However, this would not directly enforce the verbal agreement regarding attorney fees.
In cases of breach of contract, remedies typically include monetary damages to compensate for losses. You may also consider the concept of promissory estoppel, which can apply if you relied on the promise and incurred expenses as a result. This legal principle may allow you to seek enforcement of the promise if not doing so would lead to unfairness.
For specific advice tailored to your situation, consulting with a qualified attorney in Indiana is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.