Legal Question in Civil Litigation in North Carolina

My ex husband and I entered into a contract with my son's orthodontist for braces. He signed the agreement to pay his portion and I would pay mine. He currently pays child support as well, but medical expenses are not part of the child support order (it's a basic order through the state). He has not made one payment yet to the orthodontist, and I am forced to pay to prevent late fees, and ensure we can still receive treatment. Can I sue him in small claims court? Do I have to wait until all treatment is complete and I have a final amount I paid for him, or can I sue now to make him pay?


Asked on 5/18/17, 9:21 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

It depends on who signed the contract and who the parties are. It looks you both signed a contract or other agreement with the orthodontist and not with each other. Without some agreement between the two of you, you will have a very hard time prevailing in an action against him on contract grounds. You may want to consult your family law attorney to have the child support order revised.

Read more
Answered on 5/18/17, 9:37 am


Related Questions & Answers

More General Civil Litigation questions and answers in North Carolina