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failed drug test.

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missdd22

Junior Member
What is the name of your state (only U.S. law)? CA

In a past CO we had a drug testing clause. That stated if a parent suspected other parent of being under the influence, the parent suspecting has to pay for the drug test. Then once the results come in, if it's a positive test, the suspected parent has to reimburse the other parent.
This situation is from 2006, I requested my ex take a drug test. Sure enough he was on meth. I then took him to small claims. The judge ruled in my favor. He had 30 days to pay me. He never did. So I took him back to small claims. He never showed up. So he was issued a warrant. But nothing every happened with that.
Ends up, we got supervised visits and he never showed up to them. Two years went by with out him in the picture. He came back into our daughters life, and he just started having every other weekend visits.

So my question is, how do I go about getting the money? At the time, he lived in X county, where the SC was filed, now he lives 6 hours away. The mediators always said, they have nothing to do with collecting that money. But would the judge we see for our case be able to order him to pay?
 


Ohiogal

Queen Bee
Small claims would have to issue you a judgment to garnish his wages or lien his property if the SOL is still open.
 

Drake01

Member
Unless you live in a state where you need to go through the county sheriff's office to get wage garnishments for such judgements and then you have to ask them for the garnishment and jump through their hoops. If child support is already being garnished you'll probably find that there's no room for a second garnishment. Hence the great truth in life, especially when it comes to small claims court, a judgment is just a peice of paper. It cannot promise that you'll ever be paid.
 

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