Legal Question in Civil Litigation in North Dakota

I have a situation where my fiancee was in jail for one thing but then another issue came up. His child's mother had a child support case and I had to pay $1782 to get him out of jail. That money was then sent to the child support office and they sent it to the child's mother. Well, the child support (including arrears) was dismissed because the mother of the child does not have the child and had not had him for almost three years. We were told by the Judge that we would have to take the child's mother to court to recover the money. My question is this: Being that it was his child support case but my money, when we go to small claims court should the case be him against her or should we file together?

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