Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.To answer your underlying question, if this document is entered and becomes an order, it DOES NOT terminate your ablity to seek court costs unless the language in the order expressly limits your ability to seek such action. The small claims action and the order are not directly related unless he can later show that what he owed was already paid out. Further, you should (or at least can) include court costs as part of your cause of action right away, I am not quite sure why that did not happen and why you were not awarded court costs right away. Consequently adding those fees to your cause of action in small claims is valid and is something small claims judges routinelly award the winning plaintiff. The defendant's attorney is correct that Curcuit Court has jurisdiction over alimony, but small claims has jurisdiction over a breach of contract claim, and you can argue that this was a breach as it was not an issued order.Hope that helps.
When I filled out the Small Claims actions, I asked for the $600 payment plus court costs. I haven't had my hearing yet. It is scheduled for a futue date. But when the Defendant got the SC action, he then paid the $600, but not the court costs. So I did not dismiss the SC actions. Do I understand your answer to say that because he paid the $600 that I cannot collect the court costs? I only got paid because I filed the SC actions.
Betsy,Thank you for your follow-up. If he paid, then the cause of action disappeared. Therefore there is no need to bring it court as the underlying cause is no longer a cause of action. That would avoid him having to pay you the money for filing the cause of action. If/when you appear in court and the judge sees that the cause of action took place already under which you were compensated, there is no further issue in controversy. I wish I had a different answer for you, but he likely paid at his attorney's urging since when you accepted the funds, that negated the cause of action. I am sorry.