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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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My ex-wife has been paying daughters' cell phones for

Customer Question

My ex-wife has been paying for our daughters' cell phones for the last two years. The girls were little when we go divorced and we did not account for this in the marital settlement agreement. She now tells me she is stopping paying for the phones (and that I will have to) and that there's nothing I can do about it because it isn't in the MSA. My stance is that, without it being written in the MSA, she has created an implied agreement by paying it for the last two years and that she can't just stop paying it now. Is there any case history on the books where someone has been making payments or providing a service or anything along those lines where there was no written agreement but the court upheld that one was implied given the circumstances and actions by one of the parties? I live in New Jersey.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I suggest that if it was not stipulated in the MSA there would be no such case law. There is case law on Implied Contracts. But none specific to your matter. A party has the prerogative to change their minds on issues that are not agreed to in an MSA. If you feel that there is an implied contract with you and the Mother, then I suggest you can bring the matter to court and request mediation to discuss the matter.

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