Legal Question in Civil Rights Law in Michigan

oral contract
In '99, under a joint physical custody agreement, I retained full custody of my kids with no objection from my ex. Since we could not afford to hire lawyers, we entered into an oral contract for him to pay child support, contingent on my not going thru the court to bleed him. He paid regularly till '01, then slacked off, then nothing since '03. I've kept a payment log since '01 indicating dates, amounts, no support charged during his extended visits with the kids, and deductions of my share of expenses he incurred. I can obtain copies of checks/money order deposits where he wrote 'child support' in the memo. His parents, who had knowledge of the agreement, also wrote checks for him occassionally with the same memo message. I have witnesses to money changing hands and third party witnesses to his mom giving money to my mom saying 'for child support'. While I have recently had custody legally put in my name and had court ordered support issued, I would still like to collect the $9000 owed to my kids. When I tried to collect in family court I was denied due to child support laws. The judge suggested I try in civil court. Do I have a good case and can this be done?

Asked on 6/12/04, 5:38 pm

William Stern William Stern, P.C.

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Re: oral contract

You probably do not have a good case. The child support court is your only remedy. Bill Stern

Answered on 6/13/04, 9:01 pm

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