Legal Question in Family Law in Tennessee
can i sue my ex-husband in small claims court
Hi, I have a nine year old daughter and a year after the divorce my ex- took me back to court for moving about 3 miles out of the city limits, which the judge had stated that I could move 50 miles away and then another year later my ex- took me back to court because I was home schooling our child and the judge had stated at the other hearing that I could home school and I won both case's but with over 6,000.00 dollar n attorney fee's. Can I sue for this in small claims and what would this be called? Thank You
2 Answers from Attorneys
Re: can i sue my ex-husband in small claims court
What would it be called to sue your ex in General Sessions Court to try to get a judgement for the attorney's fees you paid to defend against post divorce actions he filed against you? It would be called futile. You should have tried to get an order for the attorneys fees when those cases were in court.
Re: can i sue my ex-husband in small claims court
There are statutes that allowed you to seek attorney fees from the court at the conclusion of your cases. I am not familiar with any statute or procedure that would allow you to now sue in another court for reimbursement of your fees. You might want to consider asking your family law attorney who represented you in those procedings if he or she knows of any way to recoup the fees in the divorce court or in any other forum. Best of luck.
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