J
jwallen
Guest
What is the name of your state? Ohio
I think this is a fairly simple question, but I can't seem to find the answer to it.
My wife and I finalized our divorce about a year and a half ago or so. During the proceedings we agreed to do an amended tax return (long story short: she tried to screw me on taxes, in the end I got her to agree to do an ammended return). Now, we had filed bankruptcy too and there of course were court costs due for that. So in the judgement the court stated that we split the tax return 50/50 AFTER all court costs were paid to the bankruptcy court. Several months later we got the tax check in the mail and paid the court costs and settled up. Now it's been almost a year and a half and I get a notice in the mail from small claims. She it suing me in small claims stating she never received her half of the check. Now, I'm not really worried because I doubt she will be able to prove she DIDN'T get her share of the check. What I want to know is this:
This all started in divorce court (which is Civil right?). Well since the judgement was from divorce court can she even take this to small claims? What does the law say about this? Wouldn't she have to take me back to civil (divorce) court and file the claim there? If not, what do I tell small claims and what laws do I site to show they can't make a ruling on this case?
Thanks for any advice you can give!
I think this is a fairly simple question, but I can't seem to find the answer to it.
My wife and I finalized our divorce about a year and a half ago or so. During the proceedings we agreed to do an amended tax return (long story short: she tried to screw me on taxes, in the end I got her to agree to do an ammended return). Now, we had filed bankruptcy too and there of course were court costs due for that. So in the judgement the court stated that we split the tax return 50/50 AFTER all court costs were paid to the bankruptcy court. Several months later we got the tax check in the mail and paid the court costs and settled up. Now it's been almost a year and a half and I get a notice in the mail from small claims. She it suing me in small claims stating she never received her half of the check. Now, I'm not really worried because I doubt she will be able to prove she DIDN'T get her share of the check. What I want to know is this:
This all started in divorce court (which is Civil right?). Well since the judgement was from divorce court can she even take this to small claims? What does the law say about this? Wouldn't she have to take me back to civil (divorce) court and file the claim there? If not, what do I tell small claims and what laws do I site to show they can't make a ruling on this case?
Thanks for any advice you can give!