Divorce decree vs. Small Claims court

Asked 5 months ago - Fargo, ND

My ex-husband and I were taking our daughter to the same daycare. I gave notice and stopped taking her there. The contract did not say it had to be in writing. My ex kept taking our daughter there and he was the only one paying. He stopped paying and the provider let the charges get to $2600. This was from Sept-Jan, with no contact from her saying he hadn't paid. I was served papers for court to appear w/ my ex. He did not show, and the judge found him and myself responsible. In our divorce decree it say that the full amount is his responsibility. He still did not pay, and her lawyer contacted me to say he will garnish my wages. I set up a small payment each month to keep that from happening, but is that really something he can do? What should my next step be?

Attorney answers (1)

  1. Joseph Henry Sparacino

    Contributor Level 13

    Answered . Check to see if you signed the contract at the beginning? If yes, then you owe the provider and need to find out what the Petition in South Dakota which deals with Contempt of Court is called. If your case were in Illinois; he would be in contempt of the Judgment and you can have the Court have him reimburse you. These details should not be broadcast over the internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

30,882 answers this week

3,263 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,882 answers this week

3,263 attorneys answering