Can verbal agreements be binding?

[angela215]

My husbands child support ruling made 7 years ago stipulated that he pay a set amt based on his salary plus an additional 30% of his commissions from his sales job. A verbal agreement was later made by him and his ex-wife that she would not collect the % of commissions if my husband assumed all other financial aspects of the childrens care. He has 2 children and they share 50/50 custody. My husband and I now have 2 more children of our own and we are currently struggling financially. The ex has now threatened to renig on the verbal agreement and sue for back support. If she succeeded in this, it would force us into bankruptcy, having detrimental effects on all 4 children.
We have taken on much more parenting resposibility, having his 2 children an average of 75% of the time and assuming all financial care (school expenses, clothing, sports, etc.). She has changed careers twice since the divorce taking up to a year off of work to do part time schooling. We also know that she smokes pot and does cocaine.
Does anybody have any advice on what type of protection we may be offered or recourse we could take?

 

[Duranie]

What does the exact child support order say?

If he can bring proof he paid for extras, receipts for clothing, extra curricular, etc.. it is possible a judge will not increase CS but it really depends on what the order says.

Verbal agreements many times are not enforecable obviously because it is your word against hers.

Look up the CS guidelines of your state, it is possible your 2 kids may lower the support obligation.

However if he is not paying the court ordered amount, then yes he might have arrears piling up.

The drugs have nothing to do with this, but if he has proof she uses them then he should file for custody.