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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12365
Experience:  JD, MBA
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I am the custodial parent kids. My ex wife and I have a court order that she

Customer Question

I am the custodial parent for my kids.
My ex wife and I have a court order that she pay $400 a month in child support and pay half of medical and dental expenses.
However she is 3700 behind in child support. And recently I got my child braces she had "severe crowding" and I paid for my half of the portion right away. The cost was $6000
I have emailed and texted my ex since last year letting her know about our child needing braces, she has replaced " I'll have the money soon" or " Im waiting on taxes to send you money" any excuse in the book. It is now time for her half of the portion to be due and I am stuck with the bill, she purposely quit her jobs and is living with her new husband and he supports her.
Can I take both of them or her to small claims court and sue for her portion of the braces?
I brought this up to the family court judge during a visitation modification but he didn't even look at it and when I asked the clerk he said " braces are usually not a necessity
Submitted: 2 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Yes, you can sue your ex (though not her husband) in Small Claims Court for the unpaid dental bill (assuming you pay the entire bill yourself). Also, your wife cannot quit her job in order to avoid paying child support. The child support is still owed so long as there is a court order requiring it. I assume the judge has not done away with the child support order. I see no reason he would do so.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
I get that she cannot quit her job to avoid paying child support, but that's in fact what she has done although it is still owed and piling up she has no job so therefore there is nothing to garnish. So I guess I am actually wondering if I can sue her and her husband since he is the one that supports her 100% he is her only income. If I go to small claims and sue her will this be garnished if she ever gets a job?
Customer: replied 2 years ago.
I guess long story short since she is unemployed and only is supported by her husband, i am just wondering if going to small claims court is a waste of my time.
Thank you
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
Unfortunately, you cannot sue her husband. You will surely lose since he is not obligated to pay you. Your ex is obligated to pay you. The fact that the husband opts to pay for your ex does not make him personally liable for her debts.
However, Nevada is a community property state, so it stands to reason that some of the assets in their marriage is community property. You can go after your ex's portion of the community property.