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Author Topic: small claims court  (Read 2403 times)

Tikki

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small claims court
« on: Oct 16, 2007, 07:47:06 AM »
My Dh's ex owes us some money - for half of some expenses that she agreed to pay half for but now won't pay us.  The expenses were to go towards things that CS is meant to cover (and outlined in CO)- however, we knew if we didn't pay for it, the kids would not get what they needed/wanted...or BM said she didn't have the money but would pay us the following week stuff.  

this includes stuff for school like Younger's K-garten registration and graduation expenses, soccer, and soccer related stuff, along with some medical bills, some onetime daycare field trip costs,  etc.

The total amount ex owes us is nearly $300.00.  
My ? is, Contempt would be easy to prove but costly to do so.

Can I take her to small claims court? The filing fee is $50.00 and I would ask the judge for that too.


cinb85

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RE: small claims court
« Reply #1 on: Oct 16, 2007, 12:45:46 PM »
Do you have something in writing that says that she agrees to pay you back for all of this stuff?  If not, the judge might just say that it was all a gift.

MixedBag

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RE: small claims court
« Reply #2 on: Oct 16, 2007, 02:01:40 PM »
I suggest you do a search on this site under JUST Socrateaser's section and search on "small claims court".

I believe other folks have asked similar questions to the Original Soc but I don't remember what he recommended.

ocean

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RE: small claims court
« Reply #3 on: Oct 16, 2007, 02:43:27 PM »
If it is in your court order already for half of expenses, send her a certified letter with receipts for the expenses (send it certified). Then wait 15 days and go to your CSE office and they will add it to the child support without going to court (this is from my state...look into how it works in yours). The took an extra $50 a week until it was paid off in our case.
Good luck!

Tikki

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RE: small claims court
« Reply #4 on: Oct 17, 2007, 07:50:23 AM »
thank you all.

I contacted the CS agency.  The medical bills will be deducted from the CS - as long as we have the receipts, insurance statements and our payment methods and the unanswered certified mail receipt- which we do.  The others, well despite the CO stating:  'CS will also cover extracurricular activites", the Agency stated that the attny most likely will consider that a gift.

DH is currently weighing whether or not to go for full custody because of other issues.

We'll see what happens...I really appreciate the feedback.


ocean

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RE: small claims court
« Reply #5 on: Oct 17, 2007, 05:09:04 PM »
Send it in anyway...State the facts...according to the enclosed CO is states 1/2 of extracurricular activities as well as medical. I am enclosing the receipts. The total comes to XXX" They should accept it if it already is CO'd.
Good luck!

dipper

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RE: small claims court
« Reply #6 on: Oct 19, 2007, 10:14:21 PM »
BM is ordered to pay dh 45% of all medical bills after he pays initial $250 per year.  She owes about $150 and wont pay anything this year.....CS said they will not enforce......We are in Virginia.....

Is there a way to force DCSE to enforce the medical stipulation in the support order?


MixedBag

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RE: small claims court
« Reply #7 on: Oct 22, 2007, 06:56:54 AM »
some states do it through CSE, some don't.

cinb85

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Exactly.
« Reply #8 on: Oct 22, 2007, 08:12:02 AM »
I live in NJ and even though it is stipulated in the child support court order the percentage that the NCP has to pay in unreimbursed medical bills, the CS office won't go after the parent for payment.  The CS office informed me that I have to take the NCP to small claims court.

 

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