Legal Question in Civil Litigation in California

Suing For Non-Compliance To Child Support Ruling

In my child support court papers, I pay my ex-wife child support, which ends the middle of this year. In return she is supposed to sign IRS Form 8332 giving me the right to claim my child on tax returns each year (per the court papers). She won't do this the last two years and claims the child herself. I am so close to the end of child support I don't want to go back to court. Can I just sue her in small claims court for the monies I am ''loosing'' by not being able to claim my child on Federal & State taxes after the child support ends the middle of this year? Please advise.


Asked on 1/28/04, 9:54 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Suing For Non-Compliance To Child Support Ruling

If she is violating a court order, the court that issued the order should be the one to enforce it. Your claim against her is really not a new dispute but a new chapter in an existing dispute which is already in front of the court that handled your divorce.

The process for getting the court to enforce its order is not so difficult and may get results faster than a separate action.

Also, bear in mind that there is a $5,000 cap on small claims cases. It sounds to me like you might have more than this amount at stake.

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Answered on 1/28/04, 10:08 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Suing For Non-Compliance To Child Support Ruling

I can understand that you do not want to go back in front of that court and she knows your fears. That court may, however, be best to resolve this. Do not see reason not to go to small claims, however and that actually sounds like reasonable plan if amount of loss in area of $5,000.00. Limit of small claims court.

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Answered on 1/29/04, 11:31 am


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