Legal Question in Civil Litigation in Indiana
Can i sue someone over a broken verbal agreement? I had my tax money pulled this year due to my husbands child support being behind. My step-daughters mother has stated that she diesnt want any support money and the tax money that was taken (only 300 was my husbands) she did not want either. She told me that filing for the injured spouse was not nessesary because she would just cash the money as it came in (4172.00 fed. and 96.00st.) and give it back to me. I know it may sound nieve, but she knows my situation, I am currently homeless and have five children and no source of income. She stated to me many times that she wanted absolutly none of my money and not even my husbands portion, which i was going to give to my step-daughter anyway. Now I have been avoided since the last time I saw her in person, when she stated she was about to get off work and wold check to make sure the money was in, withdrawl it, and give it to me. Everytime I offered her whateer amount of money she wanted or needed to hep with my stepdaughter, she assured me she wanted none. Now, i cannot get her to answer mr. Its been about 2 weeks, possibly more since the money has been available, and I blieve shes used it, and now not planning to return it to me. I realize we didnt have anything in writting but we did have a verbal agreement, and my husband, my stepdaughter, and i can atest to that in court if its possible. Please let me know as soon as possible. Thank you, Angela Cline
2 Answers from Attorneys
A verbal agreement is enforceable. good luck.
The problem is that there does not appear to be a contract here, just a promise to give you money, which is usually unenforceable. When you get tax intercept notices from the feds, there are documents you should always file as the innocent spouse to protect your share of tax refunds, and not rely on her statement that she'll just give it back (After all, at that point it is her money, and giving it back to you just reduces your husband's child support delinquency and gives her nothing). When you file the divorce action against your husband, I would certainly see if I could get that money back from him, since he is the real beneficiary here.
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