Do you have to be a state/county resident in order to file a smal claims case?

Question

I have been getting the run around trying to file a child support order, however, I just had the idea of taking the medical bills for my child to small claims court instead and just wanted to know if it can be done successfully and in which state, where I live or where the father lives.

Custody order is generic if that is what it is. The divorce judgement states one line on the matter: The petitioner is granted sole custody.

Exact wording of divorce judgement regarding child support:
C. The issue of child support is reserved, and the parties shall each be responsible for one half of the medical expenses incurred by the minor children of the parties. Petitioner shall be allowed to claim the children as dependents upon her income tax.

Medical bills JUST for my son, date back starting in 2001 to today and the grand total is $228,394 (just what I still owe) that I have been making payments on all this time. Like I said, they exceed my annual salary!

Answer 1

Does your custody order stipulate that the medical bills (or partial) are to be paid by the child's father?

TO PERFECT:

A normal small claims case yes. However, NOT necessarily in this situation as you will see if the poster returns to answer my question.

EDITED BASED ON ADDITIONAL INFORMATION:

This is exactly why I asked. Pursuant to your standing court order for support, you will be required to file any actions relating to the current order in the court or jurisdiction where the order was issued.

You need to file a show cause for contempt of a court order re. non-payment of child medical expenses. Once the court rules on your motion you can have the decision (in your favor of course) reduced to a judgement and THEN take that judgement and have it registered in his state as a foreign judgement.

He has 30 days from receipt of a demand for payment once you are allowed to register the judgement in his jurisdiction. If he does not reply or does not satisfy the judgement, then you proceed to file judgement liens on his property and/or wages.

Answer 2

Either the action had to happen in the county where the case is filed, or the defendant has to reside in the county where the case is filed. Thus proper venue can be found in either of those places; it doesn't matter where you live.

However, based on filing fee and attorney fees, plus travel expenses if you have to travel, you'll probably be better off trying to get your court order entered. People with a few thousand dollars worth of medical bills find themselves worse off when they try to sue for that small amount of money.

(Edited for clarity.)

Answer 3

When I went to court recently- the mediator gave me a tool to use to "communicate" with my ex w/o having to actually speak to him.
On this site you can enter all of yor medical bills, expenses etc.
go to: www.ourfamilywizard.com

This way everything he owes is documented on this site. Your attorney or a mediator can access it with your permission and emails can be sent to your ex for all bills owed.

I love this site.
hope you find it helpful
Thank you!
Robyn B.
robyntxoxo
have you contaacted yourlocal cild support service department?
In my city they are very helpful- they will report him to the IRS and it will come up on his credit report. Also if he is in arrears he will not be issues any type of licens for doing business or a passport to travel !!! Great stuff!