Can I sue ex in small claims court?

[lcollins]

My ex was ordered in our Settlement Agreement in 1999 that he was responsible for 50% of any unpaid medical or dental expenses incurred by our daughter - to date his portion is about $1000.00 and he refuses to make any type of payment arrangements with me after many requests and threats of legal action. Can I sue him for a judgement in small claims court (Magistrate Court) even if this stems from a divorce - or is this considered a family matter?

 

[JETX]

Though you certainly could sue him in small claims court, why would you (other than its easy)??? You already have a judgment against him... from the family court. Go ahead and enforce it.

Or, if you would rather, you can go back to the original family court and ask for a Motion for Contempt since he has violated the original courts order.

 

[I AM ALWAYS LIABLE]

Originally posted by JETX
Though you certainly could sue him in small claims court, why would you (other than its easy)??? You already have a judgment against him... from the family court. Go ahead and enforce it.

Or, if you would rather, you can go back to the original family court and ask for a Motion for Contempt since he has violated the original courts order.

My response:

Just a little, teeny, tiny, infinitesimal minor correction to JETX's otherwise fine response.

Our writer said she had an "order" from the Family court. She doesn't yet have a "judgment" from that, or any, court. She could go to Small Claims court because her Order is akin to a "contract" and obtain a judgment in that manner. Or, she could get a "double whammy" against her ex-husband and take him back to Family court on an "Order to Show Cause Re: Contempt of Court." There, the judge will not only convert the Order into a judgment, but will also cite the ex-husband for Contempt, leading him to a fine, jail time, or both.

IAAL

 

[lcollins]

Thanks IAAL - I still trying to decide which route to take. From what I've heard small claims would be easier, but I would like to take him for contempt, I'll just have to pick one or the other. Thanks to everyone for your advice!