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Family Law Lawyer Colorado Springs Legal Ground of Verbal Promises
A contract, whether verbal or in writing, is a legally binding agreement enforceable in a court of law. However, not all agreements between two parties are legally binding contracts. For it to be considered a valid contract, certain elements must exist. The expression “a verbal contract is not worth the paper it’s printed on” is both true and false. Verbal contracts are, in many cases, legally enforceable and binding on the parties who make the agreement. However, proving the terms of a verbal contract can be difficult, and usually result in a “he said, she said” disagreement says Family Law Lawyer Colorado Springs. Additionally, in certain cases, verbal agreements are prohibited from enforcement by law, even if you can prove the terms of the contract.
Lawyers and judges often refer to certain agreements as “pillow talk“. The couple may be in bed enjoying a moment of intimacy, but one member of the couple feels insecure about the future. The other member of the couple offers reassurance along the lines of: “Don’t worry. I love you. I’ll take care of you. Everything will be okay. . . .” Sometime later, everything is not okay. One member of the couple decides to end the relationship, and the more vulnerable member of the couple does not feel taken care of at all. If person who feels that his or her continued care is severely lacking decides to file a lawsuit to collect on the promise, is she or he likely to succeed? Not at all, to begin with, such agreements are rarely in writing, so they are hard to prove in court. Second, even if the promise did not fail for lack of specificity, it could be viewed contingent on circumstances that are no longer in effect. If the promise means anything, it probably means, “I’ll support you financially as long as we are living together.” So, if the couple breaks up, a court probably would not find an enforceable promise for continued support. Third, a promise that “I’ll take care of you . . . Everything will by okay” probably is too vague to be enforceable. The court does not have a clear standard to determine the meaning of “I’ll take care” and “Everything will be okay.” In the absence of a clear agreement between the parties, courts are reluctant to create more definite terms of a contract. The quoted promise is not nearly as specific as an agreement to pay half the rent or to share equally the profits and expenses of running a ranch explains Family Law Lawyer Colorado Springs. Fourth, there could be a problem with consideration. Contracts usually require each party to give something in order for there to be a valid agreement. Here, the promise might be viewed as one-way or gratuitous. One partner promised to take care of the other, but there was not a specific promise in return. So, the agreement could be unenforceable for that reason as well.
The partner who is seeking support might argue that he or she promised to maintain the home and provide emotional support in exchange for a promise of being taken care of. A promise of taking care of a home and providing emotional support is not likely to be specific enough to be enforceable, and it may be viewed as contingent on continuation of the relationship. In addition, if a court thinks an agreement amounts to providing financial support in exchange for sexual relations, the court will not enforce it. Such an agreement will be viewed as uncomfortably close to a contract for prostitution explains Family Law Lawyer Colorado Springs. Courts are more inclined to enforce agreements for tangible items such as payments of expenses or rights to property. A promise of housekeeping services or emotional support for a partner may be sincere, but it is much more amorphous than a promise to pay half the phone bill or share the proceeds of a condominium sale. Parties will sometimes verbally modify an agreement that was previously in writing. Be careful when you do this. Many contracts include provisions that state that no addendum or modification will be permitted unless it is in writing or signed. Even if a contract does not include this text, if the other party denies the existence of an oral addendum, you will somehow have to prove that the verbal agreement exists. If you cannot, you will still be bound to the terms of the original written contract.
The biggest hurdle to overcome with verbal agreements in proving what the terms of the agreement are says Family Law Lawyer Colorado Springs. Parties can easily forget the specifics of the agreement, such as promised timelines, payment agreements and other specific, numerical terms. If there are no witnesses to the verbal agreement, and none of the provisions were recorded, parties will find themselves in court arguing “he said, she said.” The best way to make sure your deal is seal is to get it in writing. If you make a verbal agreement and wish to avoid the problems with evidence, you can simply ask for written confirmation of the terms of your agreement. This can be done simply by writing an e-mail to the other person outlining the terms you verbally agreed on. When the other party writes back confirming your terms, you have essentially turned what was a verbal agreement into a written contract. This e-mail exchange can be used to prove the terms of your agreement in court.
Family Law Lawyer Colorado Springs Legal Ground of Verbal Promises
Family Law Lawyer Colorado Springs on Alimony
Alimony (also called maintenance or spousal support) is an obligation to provide financial support to one’s spouse after separation or divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the continuation of this obligation to support after separation or divorce has occurred says Family Law Lawyer Colorado Springs. Alimony Law is defined as a court order which determines the financial obligations one spouse has towards the other following a divorce. Spousal support laws are administered and enforced by state legislation and vary from one state to another.
There are many different types of alimony as listed out in alimony law; Temporary, Rehabilitation, Permanent, Reimbursement, and Lump-sum Alimony. Alimony is also known as spousal support. Alimony law refers to the payments one spouse gives to the other. Some states refer to this as alimony whereas other states consider it maintenance. Though each may have different names, they are considered the same. As child support guidelines may vary from state to state, so do the guidelines for spousal support. Family Law Lawyer Colorado Springs will inform you of the spousal support guidelines in your state. Spousal support guidelines will then decide the amount and type of alimony to be received. All states are regulated to allow alimony, yet some courts are reluctant to do so.
Alimony can be modified or eliminated as the former spouses’ needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife’s elderly mother becomes ill and dependent on her after the divorce, for example, the wife’s need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances—such as a rise in the recipient’s income or a drop in the payer’s income—can cause the court to reduce or end alimony says Family Law Lawyer Colorado Springs. Occasionally, courts increase alimony to keep up with inflation. Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury.
In successful cases, compensatory and Punitive Damages would be awarded, not alimony explains Family Law Lawyer Colorado Springs. Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws—that is, laws providing that neither spouse has to prove wrongdoing on the part of the other. Gaps in earning power that tend in general to favor men over women create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.