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

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