Q: can i sue for money paid in past under enforcement of court order in civil family court?
I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and the only thing I can do now is to sue him in civil court. I contacted the attorney general numerous times, even went down to the office and spoke with someone in person. every attempt at trying to resolve this matter was disregarded and nothing was ever done. so suing is the only option I guess I have to right this wrong that has been done to me. there is more to the story as to the why. what i need to know is what do i submit this case under cause there is an option under family civil matter that says enforcement of court order but i don't think that is what i want at this point and it doesn't seem to fall under any of the options available on the form can you please help cause im pro se.
A: I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time allowed to do so. The latter could have provided evidence that would have enabled you to file a motion to modify the amount you were ordered to pay for medical support; however, if support has ended, the court can only make a retroactive modification back to the day you file a motion to modify, so that will not help you under the current circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
