Can I sue my ex husband for therapie expenses etc since he sexually and mentally abused our children? He also abused me for yrs.

Asked about 2 years ago - Denver, CO

There has been an investigation by the police etc and the kids telling the truth, but the case might not go to criminal court because he doesn't come back to the country. The kids are in therapy now under victims comp, but it will run out. What do I do then? Can I sue him for what he has done to them?

Attorney answers (3)

  1. Stephen Clark Harkess

    Contributor Level 20

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    Answered . You certainly can file suit against your ex-husband on behalf of the children if the children are minors. There may be some issues with getting yoru ex-husband served if he is out of the country and collecting the judgment will be even more difficult unless he has assets in this country. However, he is legally liable for his actions and the damage caused.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Christopher Daniel Leroi

    Contributor Level 20

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    Answered . Mr. Harkess provided you with excellent advice, as always. I agree that you can sue. However, you have to see as to whether it worth the costs and fees in suing him and whether he has the money to pay for it. He might be judgment proof. Additionally, you might have serious issues with him being out of country.

  3. Daniel Nelson Deasy

    Contributor Level 20

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    Lawyer agrees

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    Answered . First, I am sorry you find yourself in this predicament.

    Second, if this man is indeed to be prosecuted -- and assuming he is in Colorado for a prosecution to its completion -- you have a right to ask for restitution that may include the costs youa re talking about.

    Third, pursuing money damages against him on behalf of the children is possible, but finding counsel to represent you in such an endeavor, as most attorneys are going to want to be paid along the way with such a suit.

    I wish you luck. Perhaps the good news is that he is gone and out of your lives for the time being -- and perhaps forever.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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