Q: VA law on oral agreements. My ex husband and I orally agreed to pay a loan for our son's college. After my ex paid a few
payments to me by check, he stopped paying. I continued to pay my share and his share. Can I sue him for the amount he was supposed to pay, but did not? Thanks, Cathleen
Thank you for your reply. I don't understand the cited text from the statute. If my ex and I agreed to pay for our son's college via a loan taken out in my name, and he acted on his promise to pay by issuing payments to me for the loan (action accepting his agreement to pay), why does this not constitute an enforceable debt for him? Thanks again, Cathleen
A: Parents in Virginia have no legal obligation to support their capable, able-bodied adult children. However, the parents of a child may create a binding legal obligation to pay for their child's college education. Virginia Code Section 20-155 validates marital agreements provided they are in writing and signed by both parties, or contained in a court order, or recorded and transcribed by a court reporter and acknowledged by the parties. The Virginia Statute of Frauds, Virginia Code Section 11-2, requires that certain agreements be in writing in order to be enforceable. Subsection 4 includes the following: "To charge any person upon a promise to answer for the debt, default, or misdoings of another;" Anyone considering creating an agreement to pay for their children's college education should consult with an experienced Virginia family law lawyer.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.