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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30382
Experience:  Attorney with experience in family law.
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My divorce judgment my ex-wife is to pay 40% of the

Customer Question

My divorce judgment my ex-wife is to pay 40% of the unreimbursed medical costs and from 2007 she has paid $0. Can I take her to small claims court?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A request to enforce a divorce court judgment has to be brought in the court that initially entered the order. It unfortunately cannot be brought in Small Claims Court. This is both because the divorce court retains jurisdiction and because there's no statute of limitations on enforcement. If you were to sue in Small Claims, because it's been 9 years, the case would be dismissed as filed too late.

The way to make the request in the divorce court is by filing a Motion to Show Cause. You do not need a lawyer to do this, although you may want to check whether the divorce decree allows you to charge her with your attorney's fees in this situation (that's fairly common). The court has forms available on their website.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.