“I live in the state of NH,I have custody of my 13yr old and her mother and I had a verbal agreement for her to pay x amount for support,but now that our daughter is in residential treatment do to her acting out from abuse,ordered by the court,she feels she does not have to pay because our daughter is living there, but I still have custody and pay for things. Is she still obligated to pay?”

I believe that what I am seeing is that your child is now in a guardianship situation. Both you and your ex may be liable for the cost of this. Under NH463:13 Order for Support for the Benefit of a Minor Under Guardianship and Visitation. I. The appointment of a guardian over the person or over the estate of a minor shall not relieve the minor’s parents or any other persons liable for the support of the minor from their obligation to provide for such support. The court, at the time of such appointment, or at any time thereafter, may order and require such parent, parents, or other persons to contribute to the support and maintenance of the minor in such amounts and at such times as the court determines to be just and reasonable.

Verbal agreements are worth the paper they are printed on. In other words, if there is no Court order ordering your ex to pay support, there may be no obligation on her part to continue to pay support to you. She may, in the future, be ordered to pay support either to you or the facility where your daughter is. I am trying to figure out how you - with out a current order for support or current custody of your daughter - would be able to get a Court to enter such an order. I’m not coming up with anything.

If your divorce decree contains an order for child support, then that would still be valid. Without a Court order, your ability to demand payment is greatly reduced. As usual, consult a local attorney.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.