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hi can i take my ex to court for breach of an oral corntract

1 Answers. Asked on Feb 15th, 2017 on Family Law - New York
More details to this question:
during our divorce he told me if I would sign everything (our business) over to him that when the business made money I would make money. and if I didn't he would shut the business and start up fresh, so I signed Then when my home was in pre foreclosure he said if I didn't move out immediately then if it foreclosed he would not help me. Well I moved and he didn't help anyway. He pays child support but he did promise to buy me a house on many occasions including saying this in front of ppl. its been 4 years and I have moved twice..two of my older boys have reached 21 but I still have a 12 year old who is in special ed for anxiey, dyslexia adhd among other things. I used to work in our office until divorce. I work part time now as a hairdresser (my original profession) but I need to be home for my son. I do all the physical taking care of my son and he sees him 2x a month. We have to move again cause landlord decided to sell. Can I collect on this verbal agreement
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Answered on Feb 15th, 2017 at 7:35 PM

When you negotiated your divorce, that was the time to put everything in writing. If the business made money (you don't say), you likely have no claim to any profits. If you had the assistance of an attorney during your divorce, and this was a profitable business that was not somehow factored into your divorce agreement, you should probably have your divorce agreement reviewed by another attorney, because that could have been a major oversight amounting to legal malpractice.

You also say your ex demanded you leave your house when it was in pre-foreclosure, or he would not help you- that begs many questions. Did you have equity in it? Was it ultimately foreclosed? Sold? Did you get any of the proceeds? I assume you had custody of your then-minor children. If so, your ex was OBLIGED to help you- it's the law, and it's called child support. Was he not paying child support? Is he paying any now?

If your ex was supposed to buy you a house that should have been in your divorce agreement. If it wasn't, you cannot enforce such a promise. However, he should still be paying you child support for your 12 year old, and if you feel he's not paying enough - if for example his salary increased since your last support order- you should be entitled to an upward support modification. If your 12 year old has special needs and your ex isn't helping you cover those expenses, you can ask the court to order that, as well. If he owes you back support, you are entitled to take him to court to make him pay that, too.   

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Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
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