2006-07-14 05:17:17 · 6 answers · asked by Honey 3 in Politics & Government ➔ Law & Ethics
I filed for child suppport and they've given him an ordered amount to pay, in return he is now suing me for costudy, on no founded grounds, this has been stressful on me and I feel that it is a personal attack on me and not on my parenting.
2006-07-14 05:21:45 · update #1
The clerk of the court does not pass judgment on whether a lawsuit can or can't be filed, as long as the filing fee is paid and the proper paperwork is filled out. Winning the lawsuit, and/or avoiding an award of damages AGAINST you for filing a frivolous lawsuit is a different matter.
The first step here is to resolve the issue of custody. Once that is resolved, you need to remind yourself that you ended up with custody, and your ex significant other did not.
That being said, in most states, there is an immunity granted to people who are engaged in litigation. In other words, the act of filing for custody is not, in and of itself a defamation of your character. Nor are any allegations against you made in the pleadings by the other side. You *might* have a cause of action for frivolous suit, if you can show that there was no basis for filing an action to seek custody. That is going to be almost impossible in a family law situation.
I would recommend that you hire an experienced family law attorney, deal with the custody issue, and then move on. If you need help dealing with the stress, go seek professional assistance, but don't solve it in the courts. If you don't know a family law attorney, contact your local or state bar association for a referral.
2006-07-14 06:03:36 · answer #1 · answered by Phil R 5 · 0⤊ 2⤋
If you can prove they ruined your reputation, then maybe.
But, it's not just your reputation amongst friends and family that will help you win. It has to really be bad, such as not being able to get a job because of it, being denied social services, be treated harshly, etc.
2006-07-14 12:21:47 · answer #2 · answered by casey_leftwich 5 · 0⤊ 0⤋
You can sue anyone for anything...winning is another matter and take into consideration the cost. We are a peculiar litigious society.
Is it really necessary to avenge your good name? Did you win this fight? If so, let it go. If you lost, I still think you should let it go.
2006-07-14 12:21:43 · answer #3 · answered by rrrevils 6 · 0⤊ 0⤋
you need to worry about fighting the custody , the roles could be reversed with you paying child support
2006-07-14 12:40:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can pretty much sue anyone for anything .... the question is if you can possibly win.
2006-07-14 12:20:28 · answer #5 · answered by sam21462 5 · 0⤊ 0⤋
Perfect answer by PhilR.
2006-07-14 13:40:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋