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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Per my divorce decree from 1996, my ex-husband was to pay ...

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Per my divorce decree from 1996, my ex-husband was to pay 1/2 of all out of pocket medical/dental expenses for our two children. He was also to reimburse me for the insurance premiums paid by me to cover the children. To date, I''ve never asked him to pay any of this.... now I''ve recently paid off the out of pocket expense for the orthodontics which totalled about $6400... since I''ve never collected from him in the past.... can I collect for his half of the ortho expenses? I''ve asked him for the $ and he wont pay. What can I legally do?? Can I sue him in small claims for at least 1/2 of this ortho expense? Can I collect any other money at this point? Please advise.

Hello,

Yes you can sue him in small claims court for the past and present bills he is required to pay under the divorce degree.

It is a very simple process and if you have ever seen Judge Judy or the other court shows it is similar. You each go in and argue your case. You do not need a lawyer and most judges ban them from small claims court. You can do this by going to your local court house and filing for a Small claims hearing. The downside is you can generally sue for around 4,000 or less.

If the amount was for more then 4,000 your only option is to take this to civil court. If this is the situation, I would strongly recommend seeking legal counsel in your area to represent you. While some lawyers are expensive often you can find young lawyers fresh out of school who can represent you for a much smaller retainer and work out payment plans if needed. Also keep in mind if you must hire a lawyer you can request that they pay you the legal fee's as well if you win your case.

Walter

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