After separation, There were few expenses of his (cell phone in my Family plan, His Car insurance in my group plan, and phone bill for 2 children he promised to pay) was tied with me which he promised to pay me back but did not. Also recently, he charged $$$ to my son’s credit card (authorized user of my card) told that he will give him check. My children are adult and they were witnesses of all that promise. But he never pay those back after I asked him several times which total is more than the on equalization $, So I told him that then no one demand any more money to each other though I am the one loosing few thousands. Now he is asking the equalization $ and threatening me that equalization is in court paper but refusing to give my money he owed me which is not in any legal paper.

Answers provided by Chilina Law Firm:

Generally speaking, oral agreements are enforceable absent some defense, etc. You indicate that you are separated which may mean that you are not legally divorced. So, if you are not divorced but plan on a divorce then I would bring this up with your divorce attorney so that some kind of offset can be made. However, if you are already divorced and if the sum of money he promised to pay is a lower amount, $10,000 or less, then Small Claims Court is your best option. Good luck!


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