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Negligence........???

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LongIslanderGal

Guest
Hi,
I am wondering if you can or has anyone ever sued thier ex-spouse for negligence? Our divorce and all court orders are handled in Pennsylvania. My ex has been in contempt of court orders more times than I can count in the past 9 years. He has breeched every agreement we have made and all of it has caused my children and I to be in a homeless status 4x in the past 5 years. He has never cooperated with paying his share of child care costs which makes it impossible for me to hold down any form of employment. I have brought this issue to my attorneys and the courts numerous times. The unfortunate part is that by the time we get it to court I have lost the job due to taking time off when kids are sick, sitters are sick or it is just unaffordable. Even my attorney has agreed that you spend more on the sitters weekly than your take home pay. So it actually costs me money to have a job without the ex's share of the childcare costs. He does not and has not spent any time with his children according to our visitation agreement in the last 7 years and now he has cancelled my health insurance which we have a medical support order in effect for. There are many other negative events that he has influenced in relation to his lack of cooperation. Entirely too many to list, but each has caused a downfall for us whether it be financial or emotional. So, is it possible to sue him for "Negligence" for all the financial damage he has caused? Thank you in advance for your time.....!!
 
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JETX

Senior Member
You have the right idea, but you're going at it from the wrong direction. Document his violations of the courts orders, then file a Motion for Contempt to haul him back into court. Let the courts do their job and help to enforce the order that they have already given.

I am surprised that your 'attorney' hasn't already advised this.
 
L

LongIslanderGal

Guest
Reply to answer...

I have hauled him into court more times than I can count, the problem is the damage is already done each time by the time we get to court. Is it still possible to start a seperate civil suit against him for Negligence?:confused:
 

JETX

Senior Member
"Is it still possible to start a seperate civil suit against him for Negligence?"
Of course it is. Anyone can sue almost anyone over almost anything.

What you need to do is what I suggested. Haul his ass into court to explain why he did (or didn't) do what the court ordered. Then, they can slap his ass in jail for a while for contempt. Do this 2 or 3 times.... and he might learn his lesson.

Or, you can hire an attorney to file your lawsuit against him, pay lots of money, wait for the trial date, then maybe get some justice.... or not.
 

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