questions & answers

Question: I have been living in the residence of my 8 year old daughters father's home for the past 2.5 years. During our child custody proceeding I voluntarily decided to pay 700 for child support. When I moved back into the residence we verbally came to an agreement that instead of having the child support reduced, that would be my portion of the rent. I have decided to file motion for joint custody of my child and the father is threatening to evict me. Since there was no lease agreement drawn up an only a verbal agreement in regards to the child support paid as rent can I be evicted? Can I appeal?

Answer: A.R.S. 25-408; Rev. Stat. 8-106.01(A)(B)

 According to A.R.S. 25-408
1.    The father/mother has obligated himself to paying child support by doing so whether voluntary or not.
2.    Verbally agreement became a contract if there was an offer/acceptance/consideration. She exchanged money/for rent and he agreed to have support payments reduced when he entered into that agreement.  With the information provided and based on the interpretation of the law a contract was created (verbally).
3.    The joint custody and eviction are where things get muddy; one has nothing to do with the other. If the court awards joint custody then legally the couple would be mandated to follow the courts ruling.
4.    Regarding the Eviction because the couple have lived together for 2.5 years and the agreement was that rent would be a reduction of the support, then the ex spouse could move to have her removed from his home without going though the legal avenues of Evictions.  
5.    Appeal is a court issue, in this particular  instances what would the person be appealing and on what grounds would an appeal be warranted.

The ex-spouse could change locks without notification, remove property without giving notice, and unless there was something in writing to support the agreement there is no proof that you lived in the house for the 2.5 years.