Q: Can Defendant in Small Claims case change the scope of Plaintiff's complaint at the hearing?
I filed a Small Claims suit against my ex to pay half of shared $8,000 debt as specified in our divorce settlement. Ex has grievances on issues including child care and holidays, also specified in the divorce decree, and has engaged an attorney to represent her at Small Claims court. Can they change the scope of this Small Claims suit at court? It is scheduled to be 30 minute hearing before a judge.
A: All of these issues should be addressed in the divorce case. The small claims case should be dismissed.
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