Can I sue in small claims court for unpaid medical

[SVG]

What is the name of your state (only U.S. law)? Indiana (Kosciusko County)

With $800 that I borrowed from my parents I hired a attorney. He had a meeting with my ex-husband about the back support (currently $3800) and unpaid medical (currently $2800+). Since the Prosecutor didn't file for a tax intercept (again) my attorney managed to convince my ex that if he didn't pay the back support & at least 1/2 of unpaid medical with his tax check (Fed return - $6697, State return - $844) then my attorney was going to petition the court to have him put in jail for contempt of court / failure to pay support & medical obligations.
When my ex got his tax check he went to the prosecutors office (I don't know why he went to the pros. office to do this) TO PAY OFF the back support and $1500 on the medical. A lady in the prosecutors office told my ex that the courts would not put him in jail for not paying the medical because medical payments are a civil matter and that is why the prosecutor doesn't handle unpaid medical payments. Then she told him that my attorney was "full of crap" because as long as he is paying an extra $5 per week on the arrearage he is not in contempt of court.
I called my attorney about all of this and he informed me that the medical is considered a civil matter and he would need an additional $500 from me to sue my ex for the unpaid medical.

Can I do this myself through small claims court?

 

[Zigner]

What is the name of your state (only U.S. law)? Indiana (Kosciusko County)

With $800 that I borrowed from my parents I hired a attorney. He had a meeting with my ex-husband about the back support (currently $3800) and unpaid medical (currently $2800+). Since the Prosecutor didn't file for a tax intercept (again) my attorney managed to convince my ex that if he didn't pay the back support & at least 1/2 of unpaid medical with his tax check (Fed return - $6697, State return - $844) then my attorney was going to petition the court to have him put in jail for contempt of court / failure to pay support & medical obligations.
When my ex got his tax check he went to the prosecutors office (I don't know why he went to the pros. office to do this) TO PAY OFF the back support and $1500 on the medical. A lady in the prosecutors office told my ex that the courts would not put him in jail for not paying the medical because medical payments are a civil matter and that is why the prosecutor doesn't handle unpaid medical payments. Then she told him that my attorney was "full of crap" because as long as he is paying an extra $5 per week on the arrearage he is not in contempt of court.
I called my attorney about all of this and he informed me that the medical is considered a civil matter and he would need an additional $500 from me to sue my ex for the unpaid medical.

Can I do this myself through small claims court?

You already have a case open involving this matter. Your appropriate redress is a contempt action.

 

[Radia]

Im not positive on this, so those that have the legal background feel free to step in and let me know.

I know child support works this way so I am assuming medical support does as well..

Its my understanding that if you file small claims for child support, the debt can then be discharged under bankruptcy... MAKE SURE that this isn't the case for Medical support before you entertain this idea...

Aside from that a contempt/motion to enforce is the best option.

 

[SVG]

Zigner,

You said my appropriate redress is a contempt action. How do I go about doing that? As you can tell from my previous posts, my local prosecutor and my child support case worker REFUSE do anything for me. The attorny I hired charges me $60 for a 2min. phone call to tell me I need to come in to his office and sign legal papers so, I can't afford to keep paying a attorney. Besides that, he wants another $500 to continue handling my case.

I need to resolve this as soon as poss. because my youngest son has a growth on his spine that could case him to be paralised from the waist down. I still owe his doctor (because my ex won't carry the court ordered insurance and won't pay his share of the medical). So, the doctor says we need to wait and see if my sons growth gets any worse.

 

[Gracie3787]

Zigner,

You said my appropriate redress is a contempt action. How do I go about doing that? As you can tell from my previous posts, my local prosecutor and my child support case worker REFUSE do anything for me. The attorny I hired charges me $60 for a 2min. phone call to tell me I need to come in to his office and sign legal papers so, I can't afford to keep paying a attorney. Besides that, he wants another $500 to continue handling my case.

I need to resolve this as soon as poss. because my youngest son has a growth on his spine that could case him to be paralised from the waist down. I still owe his doctor (because my ex won't carry the court ordered insurance and won't pay his share of the medical). So, the doctor says we need to wait and see if my sons growth gets any worse.

The bolded will be the way you can get it into court. If he is court ordered to carry insurance and isn't, you can file a contempt motion for that.
However, before you file, you'll need to find out why ex is not carrying the insurance. Did he lose a job and at the same time lost the coverage?